JUNE 12, 2012 MINUTESCITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR W/LLIAM D. SESSOMS, JR., At-Lm-ge
V/CE MAYOR LOUIS R. JONES, Bnvside - Disti-ict 4
GLENN R. DAV/S, 2ose Ha!! - Disti-ict 3
W/LL[AM R. DeSTEPH, At-Lnrge
HARRY E. D/EZEL, Kenrpsville - Disti-ict 2
ROBERT M. DYER, Centeiville - Disti-ict 1
8,4RBARA M. HENLEY, Po-iucess Aiuie - Disti-ict 7
JOHN D.MOSS, At-Large
JOHN E. UHRIN, Beacli - Disti-ict 6
' ROSEMARY WILSON, A!-Lm-ge
JAMES L. WOOD, L.viurlmven -District 5
CITY COUNCIL APPOINTEES
C/TY MANAGER - JAMES K. SPORE
ClTYATTORNEY MARKD.ST/LES
C/TYASSESSOR - JERALD D. BANAGAN
CITYAUDlTOR-LYNDONS. REMIAS
C/TY CLERK - RUTH HODGES FRASER, MMC
CITY COUNCIL AGENDA
12 June 2012
1. CITY COUNCIL'S BRIEFING - Conference Room -
1. HUMAN RIGHTS COMMISSION - Annual Report
Fay B. Silverman, Chair
I II. CITY COUNCIL LIAISON
I III. CITY COUNCIL COMMENTS
I N. CITY COUNCIL AGENDA REVIEW
I V. INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
CITYHALL BUILDING
2401 COURTHOUSEDRIVE
VIRGINlA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Crycncl@vbgov.com
4:OOPM
5:00 PM
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Albert Butzer, III
Pastor, First Presbyterian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. 1NFORMAL and FORMAL SESSIONS
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. PUBLIC HEARINGS
1. EXCHANGE OF EXCESS PROPERTY
Emmanuel Episcopal Church - 5221 Princess Anne Road
2. PERSONAL PROPERTY TAX - Exemption
Trust for Public Land
3. LEASE OF CITY-0WNED PROPERTY
910 Atlantic Avenue t/a Scrambled
2224 Atlantic Avenue t/a Pier 23
L ORDINANCES/RESOLUTIONS
May 22, 2012
1. Ordinances to AMEND the City Code:
a. §2-5 re Virginia Beach Historic Preservation Commission
b. §§ 28-70.1 and 28-8.1 re Civil Penalties re Sewer Use and Fats, Oils and Grease (FOG)
2. Ordinance to DECLARE certain parcels on Princess Anne Road as EXCESS property and
AUTHORIZE the City Manager to execute all documents with Emmanuel Protestant Episcopal
Church of Kempsville Trustees
3. Resolution to ENDORSE the Envision Virginia Beach 2040 Committee Report and DIRECT
the City Manager pursue the focus areas in the Report
4. Resolution OPPOSING the Mining of Uranium in the Commonwealth of Virginia
5. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement between the City and
the Virginia Aquarium and Marine Science Center Foundation, Inc. re documenting the
beneficial relationship and clarifying responsibilities of both parties
6. Resolutions re VRS Contributions to provide:
a. Certification re member contributions by salary reduction
b. City Council's Certification of its Employer Contribution Rate
c. City Council's concurrence with the School Board's Election of a Board-Certified
Rate
7. Ordinance to DESIGNATE the Trust for Public Land as EXEMPT from local Real and
Personal Property Tax
8. Resolution to AUTHORIZE water and sewer service to a Lessee or Tenant without written
authorization of the property owner
9. Ordinance to AMEND the FY 2012-2013 School Board Budget request to $847,516,620 with
reductions in the following:
a. School Technology
b. Instruction
c. Administration, Attendance and Health
d. Transportation
e. Operations and Maintenance
f. City Manager's adjustment
g. School Grants fund
h. School Athletic Fund
10. Ordinance to AMEND the FY 2012-2013 Budget of the Department of Housing and
Neighborhood Preservation re increases in appropriations:
a. $ 1,239 Federal HOME Program
b. $790,285 Housing Choice Program
c. $324,867 HCV Portability Program
11. Ordinance GRANTING two Franchise Agreements for Open Air Cafes in the Resort Area:
a. 910 Atlantic Avenue t/a Scrambled
b. 2224 Atlantic Avenue t/a Pier 23
12. Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds:
a. $2,750 donation from Arthur and Janet Bartlett re two (2) AEDs for Police vehicles
b. $490,000 from the Reserve for Contingencies within the Telecommunications Internal
Service Fund re centralized bill payments
J. PLANNING
1. Application of COASTAL ENTERPRISES, LLC for a Floodplain Variance re a storage
building at 601 Sandbridge Road (DISTRICT 7- PRINCESS ANNE)
RECOMMENDATION:
2. Application of THALIA AUTOMOTIVE SERVICES, LLC/GEORGE P.
CHRISTODAULIES, for a Conditional Use Permit Modification to ADD automotive repair at
4300 Virginia Beach Boulevard (Approved by City Council on January 25, 1994) (DISTRICT 5-
LYNNHAVEN)
RECOMMENDATION: APPROVAL
3. Application of KROGER LIMITED PARTNERSHIP I/SUPER HOLLAND ASSOCIATES,
LLP, for a Conditional Use Permit re an automobile service (fuel sales) at 3901 Holland Road
(DISTRICT 3 - ROSE HALL)
RECOMMENDATION: APPROVAL
4. Application of WHEEL AND RIM REPAIR, INC. for a Conditional Use Permit re automobile
repair at 3428 Chandler Creek Road (DISTRICT 3- ROSE HALL)
RECOMMENDATION: APPROVAL
Application of CALVARY CHAPEL far a Conditional Use Permit Modification re a church at
5230 Indian River Road (Approved by City Council on April 10, 2007) (DISTRICT 2-
KEMPSVILLE)
RECOMMENDATION:
APPROVAL
6. Application of MICHAEL H. NORMENT/JOAN DALIS for a Conditional Use Permit re a
commercial parking lot at 3233 Pacific Avenue (DISTRICT 6- BEACH)
RECOMMENDATION:
APPROVAL
7. Application of RICHARD DOUMMAR/BALBOA, L.L.C. for a Conditional Use Permit re a
commercial parking lot at 2gt1i Street and Pacific Avenue (DISTRICT 6- BEACH)
RECOMMENDATION:
APPROVAL
Application of KROLL ENTERPRISES, INC. / N& K PROPERTIES, LLC AND B& W
PROPERTY DEVELOPMENT, LLC for a Change of Zoning District Classification, from AG-
2 Agricultural District, AG-1 Agricultural District, R-15 Residential District, and B-1
Neighborhood Business District to Conditional R-7.5 Residential District at Nimmo Parkway and
Camino Real Street (DISTRICT 7- PRINCESS ANNE)
Deferrred by City Council Apri124, 2012
RECOMMENDATION: APPROVAL
9. Application of CITY OF VIRGINIA BEACH to AMEND Section 1110 of the City Zoning
Ordinance (CZO) to allow certain uses as "conditional" in the PD-H1 Planned Unit Development
District.
RECOMMENDATION:
APPROVAL
K. APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
BEACHES AND WATERWAYS COMMISSION
BIKEWAYS and TRAILS ADVISORY COMMITTEE
BOARD OF BUILDING CODE APPEALS
COMMUNITY SERVICES BOARD
HUMAN RIGHTS COMMISSION
PARKS and RECREATION COMMISSION
PUBLIC LIBRARY BOARD
SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC.
TOWING ADVISORY BOARD
TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
CITY COUNCIL RETREAT
Friday, August 3, 2012
Economic Development Conference Room
2012 CITYHOLIDAYS
Wednesday, July 4
Monday, September 3
Monday, November 12
Thursday, November22
Friday, November 23
Thanksgiving
Monday, December 24
day)
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After
Christmas Eve (half-
Tuesday, December 25
Christmas Day
CITY COUNCIL WORKSHOP
AUGUST 7, 2012
CANCELLED
City Council invites ALL citizens to participate in your
NEIGHBORHOOD NATIONAL NIGHT OUT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 3854303
-1-
? ?
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 12, 2012
Mcryor William D. Sessoms, Jr. called to order the CITY COUNCIL'S BRIEFINGS re HUMAN
RIGHTS COMMISSION - ANNUAL REPORT, in the Ciry Council Conference Room, Tuesday, June
12, 2012, at 4: 00 P.M.
Council Members Present:
Glenn R. Davis, William R. °Bill " DeSteph, Harry E. Diezel, Robert
M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D.
Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary
Wilson and James L. Wood.
Council Members Absent:
None
June 12, 2012
-2-
CITY COUNCIL'S BRIEFING
HUMAN RIGHTS COMMISSION - ANNUAL REPORT
4: 00 P.M.
ITEM #6I916
Maryor Sessoms introduced and welcomed Faye Silverman, Chair - Virginia Beach Human Rights
Commission. Ms. Silverman presented the Virginia Beach Human Rights Commission (HRC) 2011-2012
Aniiual Report. Ms. Silverman stated the report is a testimony to the commitment of all members of the
HRC and staff to achieve excellence in human relations, and to build an inclusive culture in which we
strive to increase community understanding of cultural diversity and tightening the fabric of
understanding for "all " people to live, work and play in this great City.
Ms. Silverman thanked Councilmen Davis and Dyer for their work as City Council Liaisons providing the
Commission with guidance and support. Ms. Silverman advised a hard copy of the report will be
submitted at the end of June.
June 12, 2012
-3-
CITY COUNCIL'S BRIEFING
HUMAN RIGHTS COMMISSION - ANNUAL REPORT
ITEM #6I916 (Continued)
This year has been very busy and productive for the HRC. To achieve the Conzmission 's Mission,
members are continually meeting with citizens of diverse races, religions, ethnic backgrounds and
cultures to gain a better understanding of their needs and their concerns in regards to human relation
issues in the City of Virginia Beach. Additionally, the Commission invested a lot of time attending
mcetings, forums and workshops to engage with citizens and other organizations in an attempt to learn
more about community issues not only facing the City of Virginia Beach but the nation. The Commission
has strategically attempted to align some of their prograrn efforts with the Mayor's Action Challenge for
Children and Families. The Commission also serves as a referral agency for citizens who believe their
ribhts may have been violated: As of today, Staff has assisted fourteen (14) citizens needing assistance
with a referral to an agency (local, state or federal) such as employment to the EEO, housing to the
Housing Department and education to the Virginia Beach City Public Schools. During this fzscal year,
Commission Members have volunteered approximately five hundred forty (540) hours to the City which is
a cost savings of Thirty Thousand Dollars ($30, 000).
Exec??? ?,e Summary
The Human Rights Commission serves as an advisory agency to
the City Council. The mission of the Commission is to institute,
conduct and engage in educational and informational programs
for promotion of mutual understanding and respect among all
citizens and the fulfillment of human rights.
To achieve this mission, we are continually meeting with citizens
of diverse races, religions, ethnic backgrounds and cultures to
gain a better understanding of their needs and concerns in
regards to human relation issues in our City.
June 12, 2012
-4-
CITY COUNCIL'S BRIEFING
HUMAN RIGHTS COMMISSION - ANNUAL REPORT
ITEM #61916 (Continued)
The HRC hosts several events throughout the year:
Monthly Public Meetings - The Commission continues to conduct monthly public meetings on the 2"d
Thursday of every month at 4 pm.
Citizen Recognition - The Commission believes citizen recognition is very important and on an annual
basis hosts an Awards Program in which citizens are recognized for contributions to Human Rights. The
Commission recently celebrated our 18`h year of r•ecognizing citizens. On an average, eight (8) awards
are given each year. This year we launched a new award - a Youth Human Rights Award.
Human Rights Week - The Commission celebrated Virginia Beach Human Rights Week, Dec 5-10 in
coizjunction with and in honor of the 63rd anniversary of the United Nations General Assenzbly's adoption
and proclamation of Human Rights Day, December 10.
Community Outreach - The Commission reache"s out to find the `hot spot' issues or targeted
communities.
Forums - The Commission presented the findings_from our Building Bridges of Understanding - What
Does Human Rights Mean to Me program. We continue to work from our Work Plan in order to
respond to the needs of the citizens
Observations - The Commission visits the Correctional Center and Juvenile Detention Center several
tinies during the year.
H?? Evet1tS
June 12, 2012
Monthly Public Meeting
Citizen Recognition
-5-
CITY CO UNCIL'S BRIEFING
HUMAN RIGHTS COMMISSION - ANNUAL REPORT
ITEM #61916 (Continued)
Each year HRC submits legislative recommendations to Ciry Council. For the past several years, we
have sent recommendations to have the General Assembly amend the Virginia Human Rights Act to also
prohibit discrimination based on sexual orientation.
HRC Members serve on a variety of committees, to name a few -
+ Affordable Housing
• Arts & Humanities
• Citizens Advisory Committee
• Light Rail Committee
• Mayor's Aftican American Roundtable
• Sheriff's GED Program Committee
• Virginia Beach Council of Civic Organizations
• Wetlands Board
Q'?h?? ActIVItleS
C6, Legislative Agenda Submittal to City Council
C?, Many members serve on numerous committees throughout
the City
CaAttend 'special' community events
?Continual learning by attending "free" workshops and forums
i 4111?
June 12, 2012
-6-
CITY COUNCIL'S BRIEFING
HUMAN RIGHTS COMMISSION - ANNUAL REPORT
ITEM #61916 (Continued)
Ms. Silverman advised HRC has had a very productive year. After meeting with citizens and developing a
Strategic Work Plan we established the following initiatives to better serve our community.
Coat drive - HRC collected 300 coats in 5 days which were donated to youth organizations for
distribution. The Police Department supported the Coat Drive by allowing the Precincts to be drop off
sites for citizens.
Citizen Advisory Committee - In an attempt to become more engaged with the community, members of
the HRC began attending all of the Police Precinct Citizen Advisory Committee meetings. We are
currently attending meetings at the Second, Third and Fourth Precincts.
Helen P. Shropshire Human Rights Youth Award - hi an attempt to give more recognition to our youth,
HRC established and named the award after former Commissioner, Helen. P. Shropshire.
VBPD 2"d Precinct Community Day - HRC partnered with the Police Depar•tment for their first ever
Multi-Departmental Community Day. This event afforded us the oppor•tutziry to meet a lot of citizens and
bring awareness to the HRC.
Cultural Festival - In an effort to recognize and honor the many cultures in our diverse ciry, HRC is in
the planning stages of developing the concept to host a Cultural Festival. Many sites within the city were
considered and we have secured the Farmer's Market for Sunday, October 7`?', for this event. The
program goal is to entertain and educate attendees about the cultures in our Ciry by providing
information, demonstrations and entertainment.
Building Bridges of Understanding - HRC has been working on this initiative for the past two (2) years
and continue to address the concerns and challenges that have been brought to our attention by
participants.
lVe??? !,fiitiatives
?Coat Drive for Homeless Youth
?Citizen Advisory Committees
Helen P. Shropshire Human Rights Youth Award
'OVBPD 2"d Precinct Community Open House
?0 Cultural Festivai
?` "s'.^;•;?,
...,...?"`,
-7-
CITY COUNCIL'S BRIEFING
HUMAN RIGHTS COMMISSION - ANNUAL REPORT
ITEM #61916 (Continued)
HRC has existed for more than 23 years and continues to educate citizens, address Human Rights related
issues and ensure naore efforts are made to focus on citizens' concerns in order to protect their rights.
The goal is to create a communiry where we "build bridges of understanding" and close the gaps of
misunderstandings to foster equality, value diversiry and build inclusion in our community.
HRC members are continually learning. This year, Commissioners attended numerous workshops and
forums on gangs, drugs and behaviors, inclusive community, dismantling racism, healing from r•acism
and a Human Rights Symposium. The Commission is proactive and seeks to prevent problems.
HRC supports and continues to work to achieve Ciry Council's Vision for Virginia Beach - Community
for a Lifetime.
Co11 ? ? ?? uial EffortS
Building of Relationships
??.
2
,K??
----
?
?
< ?
,?-
June 12, 2012
-8-
CITY COUNCIL'S BRIEFING
HUMAN RIGHTS COMMISSION - ANNUAL REPORT
ITEM #6I916 (Continued)
H1ZC Members attended several Envision 2040 meetings to gain a better understanding of the work of this
group and to determine how HRC can assist by providing input regarding diversity and inclusion
coircerns.
HRC is working towards launching a Sponsorship Campaign to assist in our mission to conduct
eclircational programs and r•ecognize positive contributions made by citizens in the City.
We believe both of these initiatives will continue to help us to build relationships, address community
eoncerns and enhance the quality of life for our citizens.
Ft?t..%`? ??an5
2 Y R rk Plan
The Mayor thanked Ms. Silverman and all of the hard work of all of the HRC Members.
June 12, 2012
Work to improve the City's
image and the minority
community's perception
-9-
CITY COUNCIL'S BRIEFING
HUMAN RIGHTS COMMISSION - ANNUAL REPORT
ITEM #61916 (Continued)
The Mayor advised he received Ms. Silverman's letter of resignation fr•om the Commission and he wishes
her well. The Mayor read the following statement on behalf of the HRC aizd pi-esented Ms. Silverman
with an awczrd.'
On behalf of the Virginia Beach City Council and the HRC, it is my honor to recognize
Fay Silverman, Chair of the Human Rights Commission. Fay has served as a member of
the Human Rights Commission for 9 years and 2 years as the Chair. Diiring these 9
years, she has dedicated `thousands of hours to the HRC by providing commendable
leadership, sharing of valuable information, training opportunities and initialing
discussions that involved sensitive topics. Her oittstanding efforts have helped to resolve
community issues, bring light to subject matters that needed to be addressed, created
paYtnerships, connected citizens to needed resources, encouraged civic engagement and
carried the torch to continual learning. All of her efforts helped bridge gaps to create a
better understanding between the HRC, City departments and the citizens of Virginia
Beach.
When you ask individuals to describe Fay Silverman, the same message prevails: she is a
`person who cares deeply about others " and she is `always comnaitted to doing the right
thing'. Fay, `thank you' for the extraordinary contributions you have made to the HRC
and for the 9 yeaf•s of dedicated service to the citizens of Virginia Beach. We wish you
all the best as you enter the next phase of your volunteer life. You have truly made a
positive difference through your work with the HRC, and we know you will continue to
make our coynmuniry a better place to live, work and visit for `all ' people.
Today we honor Fay Silverman.
June 12, 2012
-10-
CITYCOUNCIL LIAISONREPORTS
4:20 P.M.
ITEM #61917
Co«ncilman DeSteph stated the Bikeways and Ti^ails Committee met yesterday and Staff gave a great
report on the North Side Turn Path for the Turn Lane as well as making Witchduck Road more bicycle
friendly.
My-. DeSteph thought the Patriotic Festival was a great success and that same weekend the "Road to
Recovery", a group of wounded military personnel bicycling from Washington, D.C., successfully ended
at the Cavalier Hotel.
ITEM #619I8
Coitncilman Diezel stated the Chairman of the Board of Supervisors in Henrico Coitinty sent his Staff to
Iook at the City's Animal Control and sent a letter thanking the City and complementing the faciliry.
ITEM #61919
Council Lady Wilson stated that VML is having a Volunteer Conference on Friday and Mary Russo,
Volunteer Coordinator, is traveling to Richmond to speak. The Virginia Beach Volunteer Resource is
strengthening VML President Rosemary Wilson 's emphasis on Volunteerism.
ITEM #61920
Councilman Davis attended the Minority Business Council's Annual Retr°eat and is happy to report there
arc a lot of great things on the horizon for next year, including the expansion of their Vision Statement.
June 12, 2012
-11-
CITY COUNCIL COMMENTS
4:20 P.M.
ITEM #6i921
Councilman Moss stated the average faniily's net worth declined 38.2% beriveen 2007 - 2010 and this is
solraething to be mindful of during the next budget proceedings. Councilman Moss hopes the City starts
looking at and talking aboitit the structural changes the City needs to make or, because of inaction, raise
tcra-es as the Ciry's only recourse. The Real Estate Assessor has stated that revenue ftom the Real Estate
Ta.xes will decline agczin next year but the spending will remain the same. The potential savings with
Regionalization is great; but, if the City changes the way we budget to historical experience, our costs
reduction goes down $IS-Million. It is important to spend some time talking about policy decisions to
move forwarcl.
ITEM #61922
Councilman Uhrin stated the Form Based Code will be going to the Planning Commission tomorrow. A
nirmber of initiatives are in progress regarding the Comprehensive Parking Program but Councilman
Uhrin feels it is prudent to qualify the efforts and future efforts. He prepai-ed a Draft Ordinance re
parkiizg to be considered at the same time as Form Based Code.
ITEM #61923
Councilman Dyer has been participating in numerous meetings regarding the Centerville SGA and
commended the Staff and consultants for doing a terrific job. There was an extraordinary turnout at the
meetings and, as a result of the public comment, the SGA area was expanded. Over 160 citizens
attended.
June 12, 2012
-12-
AGENDA REVIEW SESSION
4:25 P.M.
ITEM #61924
BY CONSENSLIS, the following shall compose the CONSENT AGENDA:
I. ORDINANCES/RESOL UTIONS
1. Ordinances to AMEND the City Code:
a. §2-5 re Virginia Beach Historic Preservation Commission
b. §§ 28-70.1 and 28-8.1 re Civil Penalties re Sewer Use and Fats, Oils
and Grease (FOG)
2. Ordinance to DECLARE certain parcels on Princess Anne Road as EXCESS
properry and AUTHORIZE the City Manager to execute all documents with
Emmanuel Protestant Episcopal Church of Kempsville Trustees
3. Resolution to ENDORSE the Envision Virginia Beach 2040 Committee Report
and DIRECT the City Manager pursue the focus areas in the Report
4. Resolution OPPOSING the Mining of Uranium in the Commonwealth of
Virginia
5. OYdinance to AUTHORIZE the City Manager to EXECUTE an Agreement
between the City and the Virginia Aquarium and Marine Science Center
Foundation, Inc. re documenting the beneficial relationship and clarifying
responsibilities of both parties
6. Resolutions re VRS Contributions to provide:
a. Certification re member contributions by salary reduction
b. City Council's Certification of its Employer Contribution Rate
c. City Council's concurrence with the School Board's Election of a
Board-Certified Rate
7. Ordinance to DESIGNATE the Trust for Public Land as EXEMPT from local
Real and Personal Property Tax
8. Resolution to AIITHORIZE water and sewer service to a Lessee or Tenant
without written authorization of the property owner
9. Of-dinance to AMEND the FY 2012-2013 School BoaYd Budget request to
$847, 516, 620 with reductions in the following:
a. School Technology
b. Instf-uction
c. Administration, Attendance and Health
d. Transportation
e. Operations and Maintenance
f. City Manager's adjustnaent
June 12, 2012
-13-
AGENDA REVIEW SESSION
ITEM #61924(Contiszued)
g. School Grants fund
h. School Athletic Fund
10. Ordinance to AMEND the FY 2012-2013 Budget of the Department of Housing
and Neighborhood Preservation re increases in appropriations:
a. $ 1,239 Federal HOME Program
b. $790,285 Housing Choice Program
c. $324,867 HCVPortabilityProgram
I1. Ordinance GRANTING two Franchise Agreements for Open Air Cafes in the
Resort Area:
a. 910 Atlantic Avenue t/a Scr•arnbled
b. 2224 Atlantic Avenue t/a Pier 23
12. Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds:
a. $2,750 donation from Arthur and Janet Bartlett re two (2) AEDs for
Police vehicles
b. $490, 000 from the Reserve for Contingencies within the
Telecommunications Internal Service Fund re centralized bill payments
Cnuncilman DeSteph will vote verbal NAY on Item 12(b)
Councilman Moss will vote verbal NAY ost Items #3 and #12(b)
June 12, 2012
-14-
AGENDA REVIEW SESSION
ITEM #61925
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
J. PLANNING
1. Application of COASTAL ENTERPRISES, LLC for a Floodplain Variance re a
storage building at 601 Sandbridge Road (DISTRICT 7- PRINCESS ANNE) .
2. Application of THALIA AUTOMOTIVE SERVICES, LLC/GEORGE P.
CHRISTODAULIES, for a Conditional Use Permit Modification to ADD
automotive repair at 4300 Virginia Beach Boulevard (Approved by City Council on
January 25, 1994) (DISTRICT 5- LYNNHAVEN)
3. Application of KROGER LIMITED PARTNERSHIP I/SUPER HOLLAND
ASSOCIATES, LLP, for a Conditional Use Permit re an automobile service (fuel
sales) at 3901 Holland Road (DISTRICT 3- ROSE HALL)
4. Application of WHEEL AND RIM REPAIR, INC. for a Conditional Use Permit re
automobile repair at 3428 Chandler Creek Road (DISTRICT 3- ROSE HALL)
5. Application of CALVARY CHAPEL for a Conditional Use Permit Modification re a
church at 5230 Indian River Road (Approved by City Council on April 10, 2007)
(DISTRICT 2 - KEMPSVILLE)
6. Application of MICHAEL H. NORMENT/JOAN DALIS for a Conditional Use
Permit re a commercial parking lot at 3233 Pacific Avenue (DISTRICT 6-BEACH)
7. Application of RICHARD DOUMMAR/BALBOA, L.L.C. for a Conditional Use
Permit re a commercial parking lot at 29th Street and Pacific Avenue (DISTRICT 6-
BEACH)
8. Application ofKROLL ENTERPRISES, INC. / N & KPROPERTIES, LLCAND B
& W PROPERTY DEVELOPMENT, LLC for a Change of Zoning District
Classification, from AG-2 Agricultural District, AG-1 Agricultural District, R-1 S
Residential District, and B-1 Neighborhood Business District to Conditional R-7.5
Residential District at Nimmo Parkway and Camino Real Street (DISTRICT 7-
PRINCESS ANNE)
9. Application of CITY OF VIRGINIA BEACH to AMEND Section 1110 of the City
Zoning Ordinance (CZO) to allow certain uses as "conditional" in the PD-HI
Planned Unit Development District.
Item #2 will be deferred to July 10, 2012.
Item #8 will be considered separately as there are speakers registered
Councilman Moss will vote a verbal NAY on Item #9
June 12, 2012
-15-
ITEM#61926
Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration of, or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711(A)
Council Appointments: Council, Boards, Commissions, Committees,
Authorities, Agencies and Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition of real propeYty for public purpose; or of the disposition of
publicly-held property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.2-3711(A)(3).
Acquisition/Disposition of City Property:
Bayside District
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff inembers or consultants pertaining to actual or probable litigation,
where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating posture of the public body; or
consultation with legal counsel employed or retained by a public body
regarding specific legal matters requiring the provision of legal advice
by such counsel puYSUant to Section 2.2-3711(A)(7).
Inena Tatem, as Administrator of the Estate of Michael Marmon
Knockett v. Heather M. Boyd, et als.
June 12, 2012
-16-
ITEM# 61926 (Contitiued)
Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into
CLOSED SESSION at 4: 56 P.M.
Yoting: 11-0
Council Members VotingAye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
(Closed Session: 4:56 P.M. - 5:50 P.M.)
June 12, 2012
-17-
6: 00 P.M.
Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COITNCIL in the City Council Chamber, City Hall, on Tuesday, June 12, 2012, at 6: 00 P.M.
Council Members Present.•
Glenn R. Davis, William R.
Dyer, Barbara M. Henley,
Mayor William D.
James L. Wood
Council Members Absent:
None
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
June 12, 2012
Sessoms,
"Bill " DeSteph, Harry E. Diezel, Robert M.
Vice Mayor Louis R. Jones, John D. Moss,
Jr., John E. Uhrin, Rosemary Wilson and
Il`'VOCATION: Reverend Albert Butzer, III
Pastor, First Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mnyor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297
Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's
trunsactions. However, due to the size of TowneBank and the volume of transactions it handles,
TowneBank has an interest in numerous matters in which he is not personally involved and of which he
does not have personal knowledge. In that regard, he is always concerned about the appearance of
impropriery that might arise if he unknowingly participates in a matter before Ciry Council in which
TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne
Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and
spirit of the State and Local Government ConfZict of Interests Act (the `Act'), it is his practice to
thoroughly review each City Council agenda to identify any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a n2atter in which he has a"personal
interest ", as defined by the Act, he will either abstain from voting, or fzle the appropriate disclosure letter
with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of
March 24, 2009, is hereby made a part of the record.
June 12, 2012
-18-
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial ) purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Failton Financial, or any of the banks that are owned by Fulton
Firiancial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
coiaflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the off cial records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter ofApril 10, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Dixon
Hzighes Goodman and is directly and indirectly involved in many of Dixon Hughes Goodman's
trcrnsactions. However, due to the size of Dixon Hughes Goodman and the volume of transactions it
handles in any given year, Dixon Hughes Goodman has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
en.sure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of Ciry Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 10, 2012, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential
Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the
volume of transactions it handles in any given year, Prudential has an interest in numerous matters in
wlzich she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoYOUghly review the agenda for each meeting of Ciry Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson 's letter of January 27, 2004, is hereby made a part of the record.
June 12, 2012
-19-
Iteni -VI-E
CERTIFICATION
ITEM #6I927
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council CERTIFIED THE
CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Yoting Aye:
Glenn R Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay.
None
Council Members Absent:
None
June 12, 2012
R E S 0 L U T 10 N
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM #61926 Page 15, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 ofthe Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
th Hodges Fraser, MMC
City Clerk
June 12, 2012
-zo-
Item -VI-F.l
MINUTES
ITEM #61928
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council APPROVED the
MINUTES of the INFORMAL and FORMAL SESSIONS of May 22, 2012.
Itoting: I1-0
CUUncil Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
June 12, 2012
-z 1-
Item -VI-H.l
PL'BLIC HEARING
ITEM #61929
MQyor Sessoms DECLARED A PUBLIC HEARING:
EXCHANGE OF EXCESS PROPERTY
Emmanuel Episcopal Church - 5221 Priiicess Anne Road
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
June 12, 2012
-22-
Item -VI-H.2
PLBLIC HEARING
ITEM #61930
Mcryor Sessoms DECLARED A PUBLIC HEARING:
PERSONAL PROPERTY TAX - Exemption Trust for Public Land
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
June 12, 2012
-23-
Iteni -VI-H.3
PUBLIC HEARING
ITEM #6193I
Mayor Sessoms DECLARED A PUBLIC HEARING:
LEASE OF CITY-OWNED PROPERTY
910 Atlantic Avenue t/a Scrambled
2224 Atlantic Avenue t/a Pier 23
Tltere being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
June 12, 2012
-24-
ADOPT AGENDA
FOR FORMAL SESSION ITEM #6I932
Bl' CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
June 12, 2012
-25-
Item -VI-I
Oh'DINANCES/RESOL UTIONS ITEM #61933
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council APPROVED, IN ONE
MOTION, Items la1b, 2, 3, 4, 5, 6a/b1c, 7, 8, 9a/b/c/d/e/f/g/h, IOa/b/c, lla/b and 12a/h
Councilman DeSteph will vote verbal NAY on Item 12(b)
Councilman Moss will vote verbal NAY on Itenis #3 and #12(b)
Poting.• 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Cnuncil Members Voting Nay:
None
Council Members Absent.'
None
June 12, 2012
-26-
Item -VI-I.la1b
OIiDINANCES/RESOL UTIONS ITEM #61934
Upon motion by Vice Mayor Jones, seconded by Courzcilman DyeY, City Council ADOPTED, BY
CONSENT:
Ordinances to AMEND the City Code:
a. §2-5 re Virginia Beach Historic Preservation Commission
b. §§ 28-70.1 and 28-8.1 re Civil Penalties: Sewer Use and Fats, Oils and Grease
(FOG)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Cc>uncil Members Tloting Nay:
None
Council Members Absent:
None
June 12, 2012
REQUESTED BY COUNCILMEMBER ROSEMARY WILSON
1 AN ORDINANCE TO AMEND SECTION 2-5 OF THE
2 CITY CODE, PERTAINING TO THE PURPOSE OF
3 THE VIRGINIA BEACH HISTORIC PRESERVATION
4 COMMISSION
5
6 City Code Section Amended: City Code Section 2-5
7
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH:
11
12 That Section 2-5 of the City Code, pertaining to the Virginia Beach Historic
13 Preservation Commission, is hereby amended and reordained, to read as follows:
14
15 Sec. 2-5. Historic preservation commission.
16
17 (a) There is hereby created the Virginia Beach Historic Preservation
18 Cammission for the purpose of advising city council and the departments of museums
19 and historic resources and planning on all issues related to the preservation of historic
20 buildings, structures, and sites located in the City of Virginia Beach. Such advice shall
21 include but not be limited to: (1) the terms pursuant to which historic properties are
22 acquired leased utilized or sold bv the City, and (2) the need for, and criteria for
23 desianation of, historic and cultural overlav districts in certain areas of the Citv. The
24 mission of the commission shall be to preserve, protect and maintain the historic identity
25 of Virginia Beach and the former Princess Anne County through a program of advocacy
26 and increased public awareness and involvement.
27
28 (b) The commission shall consist of at least nine (9), but not more than fifteen
29 (15), members, with expertise in the fields of architecture, archaeology, and history. The
30 commission shall include at least one (1) representative from the Princess Anne
31 County/Virginia Beach Historical Society. The commission also shall include two (2)
32 Virginia Beach high school students who shall be nonvoting members. The commission
33 shall interview candidates for the student membership positions and make
34 recommendations to city council, which shall make the appointments. The voting
35 members of the commission shall be appointed by the city council to serve terms of
36 three (3) years, and the student members shall be appointed to terms of one (1) year.
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
COMMENT
The amendments: (1) clarify the type of advice that the Virginia Beach Historic
Preservation Commission was created to provide to the City Council, Department of Museums and
Historic Resources and Planning Department (Lines 20-23); and (2) update the name of the
Department of Museums and Historic Resources (Line 19).
Adopted by the City Council of the City of Virginia Beach, Virginia on the 12th
day of June , 2012.
CA-12284
R-2
June 5, 2012
APPROVED AS TO LEGAL SUFFICIENCY:
a44•
,
N /?&
,
City Attorney's O ce
2
1
2
3
4
5
6
7
8
AN ORDINANCE AMENDING CITY CODE SECTIONS 28-
70.1 AND 28-81.1 BY DESIGNATING CERTAIN
EMPLOYEES OF THE DEPARTMENT OF PUBLIC
UTILITIES TO ISSUE CIVIL SUMMONS TICKETS FOR
VIOLATIONS OF THE SEWER USE ORDINANCE AND
FATS, OILS AND GREASE ORDINANCE AND
DESIGNATING ADDITIONAL OFFENSES AS SCHEDULED
VIOLATIONS
9 Sections Amended: City Code Sections 28-70.1 and 28-
10 81.1
11
12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH:
13
14 That Sections 28-70.1 and 28-81.1 of the City Code, pertaining to violations of Article IV
15 of Chapter 28 ("Use of the Public Sewer System"), are hereby amended and reordained, to
16 read as follows:
17
18 CHAPTER 28 - SEWERS AND SEWAGE DISPOSAL
19 ....
20 ARTICLE IV. USE OF THE PUBLIC SEWER SYSTEM
21 Division 1. Sewer Use.
22 ....
23 Sec. 28-70.1. - Civil penalties; scheduled violations.
24 (a) Except for the violations specified in the Schedule of Civil Penalties set forth in
25 subsection (b), and without otherwise limiting the remedies which may be obtained under this
26 division, the s+#y director may issue an order assessing a civil penalty or other monetary
27 assessment in accordance with the following provisions:
28 (1) No order assessing a civil penalty for a violation shall be issued until after
29 the alleged violator has been provided an opportunity for a hearing before
30 the director, except with the consent of the alleged violator. The notice of
31 the hearing shall be served personally or by registered or certified mail,
32 return receipt requested, on the alleged violator or his authorized
33 representative at least thirty (30) days prior to the hearing. The notice shall
34 specify the time and place for the hearing, facts and legal requirements
35 related to the alleged violation, and the amount of any proposed civil
36 penalty. At the hearing the alleged violator may present evidence,
37 including witnesses, regarding the occurrence of the alleged violation and
38 the amount of the penalty, and may examine any witnesses for the city. A
39 verbatim record of the hearing shall be made. Within thirty (30) days after
40 the conclusion of the hearing, the director shall make findings of fact and
41 conclusions of law and issue the order.
42 (2) No such order 066ued by the IOGalu shall assess civil penalties in excess
43 of thirty-two thousand five hundred dollars ($32,500.00) per violation, not
44 to exceed one hundred thousand dollars ($100,000.00) per order, or such
45 other amount as may be allowed under Code of Virginia § 62.1-44.15 or
46 any successor statute, except with the consent of the violator.
47 (3) The actual amount of any civil penalty assessed shall be based upon the
48 severity of the violation, the extent of any potential or actual environmental
49 harm or facility damage, the compliance history of the violator, any
50 economic benefit realized from the noncompliance, and the ability of the
51 violator to pay the penalty. In addition to civil penalties, the order may
52 include a monetary assessment for actual damages to sewers, treatment
53 works and appurtenances and for costs, attorney fees and other expenses
54 resulting from the violation.
55 (4) Any civil penalty or other monetary assessment included in any such order
56 shall be payable as set forth in the order. Any unpaid balance at the time
57 payment of the civil penalty or other monetary assessment is due may be
58 collected in an action at law against the violator or included in the violator's
59 bill for sewer services and collected in accordance with sections 28-29
60 and 28-30.
61 (5) Any order issued by the si#y director, whether or not such order assesses
62 a civil penalty, shall inform the alleged violator of his right to judicial review
63 of any final order by appeal to the circuit court on the record of
64 proceedings before the director. To commence an appeal, the alleged
65 violator shall file a petition in circuit court within thirty (30) days of the date
66 of the final order, and failure to do so shall constitute a waiver of the right
67 to appeal. With respect to matters of law, the burden shall be on the party
68 seeking review to designate and demonstrate an error of law subject to
69 review by the court. With respect to issues of fact, the duty of the court
70 shall be limited to ascertaining whether there was substantial evidence in
71 the record to reasonably support such findings.
72 (b) Any violation listed in the following schedule shall subject the violator to a civil
73 penalty in the amount of one hundred dollars ($100.00) for an initial summons and one
2
74 hundred fifty dollars ($150.00) for each additional summons in lieu of any other civil penalty
75 authorized by this section; provided, however, that the total amount for a series of specified
76 violations arising from the same operative set of facts shall not exceed three thousand dollars
77 ($3,000.00), as follows:
78 (1) The si#y director, or anv full-time emplovee of the department of public
79 utilities desiqnated bv the director, may issue a civil summons ticket for a
80 violation. Any person summoned or issued a ticket for a violation may
81 make an appearance in person or in writing by mail to the city treasurer
82 prior to the date fixed for trial. Any person so appearing may enter a
83 waiver of trial, admit liability and pay the civil penalty established for the
84 violation.
85 (2) If a person charged with a violation does not elect to enter a waiver of trial
86 and admit liability, the violation shall be tried in the general district court in
87 the same manner and with the same right of appeal as provided for by
88 law. In any such trial, the city shall have the burden of proving by a
89 preponderance of the evidence the liability of the alleged violator.
90 (3) An admission of liability or finding of liability under this section shall not be
91 deemed an admission at a criminal proceeding, and no civil action
92 authorized by this section shall proceed while a criminal action is pending.
93 (4) Any civil penalties imposed pursuant to this subsection shall be paid into
94 the treasury of the city for the purpose of abating, preventing or mitigating
95 environmental pollution.
96
97 SCHEDULE OF CIVIL PENALTIES
98
Violation City Code
Section
Unauthorized roof leader connected to public sewer system 28-67(a)
Unauthorized sump pump connected to public sewer system 28-67(a)
Unauthorized connection to sanitary sewer allowing inflow and/or infiltration to enter the
sanitary sewer system 28-67(b)
Discharges to public sewer system prohibited by Section 28-66 28-66
Willfully causing damage to, obstruction of, or introduction of materials harmful to public 28-68(a)
3
sewer collection system
99
100 COMMENT
101 The amendments of a substantive nature, found in subsection (b)(1), delegate the authority to issue
102 civil summons tickets for violations of the Sewer Use Ordinance to the Director of Public Utilities or full-
103 time employees of the Public Utilities Department assigned such duties by the Director. Such delegation is
104 expressly authorized by Section 15.2-2122 of the Virginia Code.
105 The remaining amendments are stylistic in nature and have no substantive effect.
106 ....
107 Division 2. Fats, Oils and Grease (FOG).
108 ....
109 Sec. 28-81.1. - Civil penalties; scheduled violations.
110 (a) Except for the violations specified in the Schedule of Civil Penalties set forth in
111 subsection (b), and without otherwise limiting the remedies which may be obtained under this
112 division, the s+#y director may issue an order assessing a civil penalty or other monetary
113 assessment in accordance with the following provisions:
114
115 (1) No order assessing a civil penalty for a violation shall be issued until after
116 the alleged violator has been provided an opportunity for a hearing before
117 the director, except with the consent of the alleged violator. The notice of
118 the hearing shall be served personally or by registered or certified mail,
119 return receipt requested, on the alleged violator or his authorized
120 representative at least thirty (30) days prior to the hearing. The notice shall
121 specify the time and place for the hearing, facts and legal requirements
122 related to the alleged violation, and the amount of any proposed civil
123 penalty. At the hearing the alleged violator may present evidence,
124 including witnesses, regarding the occurrence of the alleged violation and
125 the amount of the penalty, and may examine any witnesses for the city. A
126 verbatim record of the hearing shall be made. Within thirty (30) days after
127 the conclusion of the hearing, the director shall make findings of fact and
128 conclusions of law and issue the order.
129
130 (2) No order issued by the IGGaimty director shall assess civil penalties in
131 excess of thirty-two thousand five hundred dollars ($32,500.00) per
132 violation, not to exceed one hundred thousand dollars ($100,000.00) per
133 order, or such other amount as may be allowed under Code of Virginia §
4
134 62.1-44.15 or any successor statute, except with the consent of the
135 violator.
136
137 (3) The actual amount of any civil penalty assessed shall be based upon the
138 severity of the violation, the extent of any potential or actual environmental
139 harm or facility damage, the compliance history of the violator, any
140 economic benefit realized from the noncompliance, and the ability of the
141 violator to pay the penalty. In addition to civil penalties, the order may
142 include a monetary assessment for actual damages to sewers, treatment
143 works and appurtenances and for costs, attorney fees and other expenses
144 resulting from the violation.
145
146 (4) Any civil penalty or other monetary assessment included in any such order
147 shall be payable as set forth in the order. Any unpaid balance at the time
148 payment of the civil penalty or other monetary assessment is due may be
149 collected in an action at law against the violator or included in the violator's
150 bill for sewer services and collected in accordance with sections 28-29
151 and 28-30.
152
153 (5) Any order issued by the si#y director, whether or not such order assesses
154 a civil penalty, shall inform the alleged violator of his right to judicial review
155 of any final order by appeal to the circuit court on the record of
156 proceedings before the director. To commence an appeal, the alleged
157 violator shall file a petition in circuit court within thirty (30) days of the date
158 of the final order, and failure to do so shall constitute a waiver of the right
159 to appeal. With respect to matters of law, the burden shall be on the party
160 seeking review to designate and demonstrate an error of law subject to
161 review by the court. With respect to issues of fact, the duty of the court
162 shall be limited to ascertaining whether there was substantial evidence in
163 the record to reasonably support such findings.
164
165 (b) Any violation listed in the following schedule shall subject the violator to a civil
166 penalty in the amount of one hundred dollars ($100.00) for an initial summons and one
167 hundred fifty dollars ($150.00) for each additional summons in lieu of any other civil penalty
168 authorized by this section; provided, however, that the total amount for a series of specified
169 violations arising from the same operative set of facts shall not exceed three thousand dollars
170 ($3,000), as follows:
171
5
172 (1) The si#y director, or anv full-time employee of the department of public
173 utilities designated bv the director, may issue a civil summons ticket for a
174 violation. Any person summoned or issued a ticket for a violation may
175 make an appearance in person or in writing by mail to the city treasurer
176 prior to the date fixed for trial. Any person so appearing may enter a
177 waiver of trial, admit liability and pay the civil penalty established for the
178 violation.
179
180 (2) If a person charged with a violation does not elect to enter a waiver of trial
181 and admit liability, the violation shall be tried in the general district court in
182 the same manner and with the same right of appeal as provided for by
183 law. In any such trial, the city shall have the burden of proving by a
184 preponderance of the evidence the liability of the alleged violator.
185
186 (3) An admission of liability or finding of liability under this section shall not be
187 deemed an admission at a criminal proceeding, and no civil action
188 authorized by this section shall proceed while a criminal action is pending.
189
190
191
192
193
194
195
(4) Any civil penalties imposed pursuant to this subsection shall be paid into
the treasury of the city for the purpose of abating, preventing or mitigating
environmental pollution.
SCHEDULE OF CIVIL PENALTIES
Violation City Code
Section
Failure to maintain cleaning and maintenance records 28-78(fl(1)
Failure to maintain yellow grease disposal records 28-78(f)(2)
6
Failure to maintain certified employee with completed grease control device training 28-7604 Q?j
Failure to register grease control device(s) 2$-76
Failure to use certified grease hauler for grease control device over rated over 50 gallons per
minute 28-78(c)(6)
Failure to properly maintain grease control device 2$-7$(c)
Failure to allow inspection of grease control device 28-78(e)
Unauthorized use of additives includinq but not limited to, products that contain solvents, 28-78 (c)(5)
emulsifiers, surfactants, caustics, acids, enzvmes or bacteria
Failure to have qrease a control device or devices meetinq all apqlicable requirements of the 28-78 a
Virqinia Uniform Statewide Buildinq Code
Failure to make required modification or repair to qrease control device 28-80
196
197
198
COMMENT
199 The amendments of a substantive nature, found in subsection (b)(1), delegate the authority to issue
200 civil summons tickets for violations of the Fats, Oils and Grease (FOG) Ordinance to the Director of
201 Public Utilities or full-time employees of the Public Utilities Department assigned such duties by the
202 Director. Such delegation is expressly authorized by Section 15.2-2122 of the Virginia Code.
203
204
205
206
207
208
209
210
211
212
213
214
215
In addition, three existing violations were added to the Schedule of Civil Penalties, thereby
requiring that they be addressed by means of civil summons tickets.
The remaining amendments are stylistic in nature and have no substantive effect.
Adopted by the City Council of the City of Virginia Beach, Virginia on the 12th day
of .Tune , 2012.
CA-12288
R-2
May 30, 2012
Approved as to Legal Sufficiency
?
i
Approved as to Content
8
To: James K, Spore, City Manager
David L. Hansen, Deputy City Manager
From: Thomas M. Leahy, Public Utilities Director
Re: Enforcement of Sewer Use and Fats, Oils and Grease (FOG) Ordinances (City
Code Chapter 28, Article IV)
Pursuant to the authority conferred upon the Director of the Department of Public
Utilities by City Code Sections 28-70.1 and 28-81.1, I hereby designate the full-time
employees having the following positions with the Department to issue civil summons
tickets for any violation listed in the Schedules Of Civil Penalties set forth in Sections
28-70.1 or 28-81.1 af the City Code, or any successor ordinance, and to undertake all
actions necessary or advisable in pursuance of the issuance af such civil summons
tickets:
Regulatorv Compliance Bureau:
Engineer V Engineering Aide II
Engineer III
Engineer II
Engineer 1
Special Projects Coardinatar
Engineering Aide I
Engineering Tech III
Business Division:
Water Service Inspector I
Water Service lnspector II
Engineering Aide !II
Engineering Tech I
Engineering Tech II
Code Inspector I
Code Inspector II
Code Inspector III
Date
Director, Department of Public Utilities
cc: Mark S. Stiles, City Attorney
-27-
Item -VI-I.2
ORDINANCES/RESOL UTIONS ITEM #61935
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance to DECLARE certain parcels on Princess Anne Road as EXCESS property and
AUTHORIZE the City Manager to execute all documents with Emmanuel Protestant Episcopal Church
of Kempsville Trustees
Voting: I1-0 (By Consent)
Council Members Tjoting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
June 12, 2012
1 AN ORDINANCE DECLARING 1.53 +/- ACRES OF CITY
2 PROPERTY LOCATED ON PRINCESS ANNE ROAD TO BE IN
3 EXCESS OF THE CITY'S NEEDS AND AUTHORIZING THE
4 CITY MANAGER TO EXECUTE ALL DISPOSITION AND
5 EXCHANGE DOCUMENTS WITH THE TRUSTEES OF THE
( EMMANUEL PROTESTANT EPISCOPAL CHURCH OF
7 KEMPSVILLE
8
9 WHEREAS, the City of Virginia Beach (the "City") is improving the Princess Anne
10 Road and Kempsville Road Intersection (CIP 2-048) (the "Project");
ll
12 WHEREAS, as part of the Project, the City needed property from Emmanuel
13 Protestant Episcopal Church of Kempsville (the "Church") located at 5181 Princess
14 Anne Road;
15
16 WHEREAS, the City acquired 24,664 sq. ft. of the Church's property and 7,315
17 sq. ft. of easements by Certificate of Take filed in the amount of $852,716;
18
19 WHEREAS, the acquisition resulted in litigation with the Church over the value of
20 the acquired property and damages to the remaining lands of the Church (the
21 "Litigation");
22
23 WHEREAS, in an effort to resolve the Litigation, the Church and the City
24 propose an exchange of property as part of an overall settlement of the condemnation
25 matter;
26
27 WHEREAS, the City is the owner of those certain parcels comprising 1.53+/-
28 acres of land located on Princess Anne Road, and shown on Exhibit A(attached hereto
29 and made a part of this Ordinance) as Parcels A, B, and C(collectively, the "City
30 Property"), which is residual area from property acquired for the Project and is not
31 needed for public purposes;
32
33 WHEREAS, the Church owns an additional 250 sq. ft. of land shown as Parcel E
34 on Exhibit A(the "Additional Church Property"), which the City will acquire in order to
35 provide assemblage with other City property;
36
37 WHEREAS, the City Council finds that it is in the best interests of the City to 1)
38 declare the City Property excess of the City's needs and exchange the City Property for
39 the Additional Church Property; 2) pay the Church an additional $250,000; 3) take other
40 action in accordance with the document entitled "Agreed Settlement Terms from
41 Mediation on May 7, 2012", attached hereto as Exhibit B and incorporated herein; and
42
43 WHEREAS, the City Council is of the opinion that the City Property is in excess
44 of the City's needs.
45
46 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
47 VIRGINIA BEACH, VIRGINIA:
48
49 That the 1.53 +/- acres of property located on Princess Anne Road, and shown
50 on Exhibit A as areas marked Parcels A, B, and C, is hereby declared to be in excess of
51 the needs of the City of Virginia Beach and that the City Manager is hereby authorized
52 to execute any documents necessary to convey the City Property to the Trustees of the
53 Emmanuel Protestant Episcopal Church of Kempsville, provided such documents are in
54 substantial conformity to the terms set forth in Exhibit B, and such other terms,
55 conditions or modifications deemed necessary and sufficient by the City Manager and in
56 a form deemed satisfactory by the City Attorney.
57 This Ordinance shall be effective from the date of its adoption.
58
59 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
60 of J u n e , 2012.
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF
ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
APPROVED AS TO CONTENT
ublic Works/Real Estate ?Lv,-LVQ
?
APPROVED AS TO LEGAL
SUFFICIENCY
City Yt's Offi
CA12165
\\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d016\p014\00019646.doc
R-1
June 4, 2012
w
C
J
i C
aJ
V ?
?
A vi
d
'a
w CL
u? a
I ?
?
N
?
?
?
>C
w
W
V
Z
44
Z
C?
[t!
0
??
w
Z
4
?
U
?
Q G
1-vITCHDU `?
?:"?`? CK ROqD
W
? J
y' C
ao
? W ?
Y ?
? d ?
o = 2
?
W
0 ?
pV
= r?.
OG LL
?
= N
O
V ?
N N
2
W
V
r
?
3
r
u
°
u
..
a
M
O
O
ta.
0
8
S
w
r:
?
?
L
?
Nf
?
V
?
?
N
41
N
0
a
0
s a
? ,'A
r
?
V ?
a s
u u
.; .;
a Q
f" O
?LA.11 U.
rIf
S S
tn ?
a
?
El ? 10 [?
EXHIBIT B TO ORnINANCE
Aueed Settleznent Terms from Mediation on Mav 7, 2012
THIS AGREEMENT, made this 7th day of May, 2012, is entered into between the City
of Virginia Beach, a municipal corporation of Virgirua, (the "City") and EMMAN[JEL
PROTESTANT EPISCOPAL CHURCH OF KEMPSVILLE (the "Church"):
Recitals:
R-1. The Church is the record owner of certain real property and improvements known
as 5181 Princess Anne Road, Virginia Beach, Virginia (Gl'IN: 1456-78-0837).
R-2. The City has filed Certificate Na 1719 in the Circuit Court of the Ciry of Virginia
Beach (t11e "Court") for the purposes of acquiring 24,664 Sq. Ft. (0.566 Acres) for right-of-way;
1,513 Sq. Ft. (0.035 Acres) for a permanent utility easement for Verizon, Inc.; and 5,802 Sq. Ft
(0.134 Acres), for temporary construction easements (the "Property") located on 5181 Princess
Anne Road, pursuant to its power of eminent domain, in connection with the Princess Anne
Road / Kempsville Road Intersection Improvements Project, CIP 2-048.
R-3. The City deposited funds with the Court in the amaunt of $852,716.00
("Deposited Funds"), representing the estimated value of just compensation for the Property to
be acquired, and the Church withdrew those funds by Court Order eniered August 16, 2010.
R-4 The City filed a Complaint: Petition for Condemnation to resolve the just
compensation to be paid for the Property, which case is pending and styled: City of Virgizua
Beach v Trustees of Emmanuel Protestant Episconal Church of Kem.psville, Case No.: CL10-
2613 (the "Litigation").
R-5. The Church has apposed the City's efforts to acquire the Property for the amount
of the Deposited Fuxids and h,as claimed da.mages related to tiie City's efforts.
R-6. The Ciry and Church met on this day to mediate the resoliition of the Litigation
with the Honorable Robert L. Harris, Sr. (Retired) sezving as mediator, and now desire to resolve
a11 matters in controversy between them as set farth in this Agreement.
NOW THEREFORE, the City and Church have reached agreement on the terms of
settlement of the Litigation as follows:
1. Property Exchazxge. The parties agree to an exchange of property as follows:
a. From the Church: The Church agrees to
i, vest title to the Propertv in the Citv to the extent described in the
Certificate No. 1719 (right-of-way to be fee simple, easements to be as
described in the Certificate); and
ii. convey to the Citv, in fee simple, approximately 250 square feet of
land described as the eastenunost poin.t of the Church's parcel (the
"Point"), which Point is depicted as "(250 SF)"on the exhibit entifled
"Bxhibit B Historic Kempsville Northwest Quadrant," dated by hand
as May 7, 2012, initialed by representatives of the City and the
Churcb,, and attached hereto as Exhibit A and nnade a part of this
Agreement (the "Settlement Exhibit").
b. From the City: In exchange for the property from the Church described in
paragraph l.a, above, the City will convey to the Church certain properry that it owns adjacent to
the Church, subject to all easements and encroachments of xecord, as follows:
i_ Residual parcel of propertv the Citv accuired from Bank of America,
("Bank of America Site") designated and described as "Residual
Property to be Acquired 41,957 Sq. Ft. 0.963 Acres." on that certain
plat entitled "0 14 Plat Showing Property to be Acquired from Virginia
National Bank by the City of Virginia Beach for Princess Anne Road /
Kempsville Road Intersection Improvements CIP 2-048 Virginia
Beach, Virginia," which plat is recorded in the Court as Instruixxent
No. 20100203000113230;
ii. Residual parce] of propertv acQUired bv the Citv from Mercer
Properties Two, LLC ("Reserved Pump Station Site"), designated and
described as "Residual Praperty to be Acquired Area = 4,428 Sq. Ft.
or 0.102 Acres" on that certain plat entitled "016 Plat Showing
Property to be Acquired from Mears Oalc Plaza LLC & Mercer
2
Properties Two, LLC by the City of Virginia Beach for Princess Anne
Road / Kempsville Road Intersection Improvements CTP 2-048
Virginia Beach, Virginia," which plat is recorded in the Court as
Instrument No. 200910190012196$0 (Bank of America Site and
Reserved Pump Sta.tion Site collectively referred to as "Parcel C" on
the Settlexnent Exhibit);
iii_ Portion of propertv the Citv acquired from The Runnvmede
Cowration (the "Shopping Center Site"), which property is depicted
as the yellow portion of Parcel A on the Settlement Exhibit, and
conszsting of approximately 19,150 square feet (0.44 Ac.) of vacan.t
land an.d being a portion of the property identified as "GPIN 1466-78-
4905" on that certain plat entitled "Boundaty Survey of Property
Owned By The Runnynnede Corporation", which plat is recorded in
Map Book 292, at page S; and
iv. Portion of propertv acpuired b the Citv from Vicente and Conchita
Rono, which portion is depicted as the yeilow area of "Parcel B" on
the Settlement Exhibit, consisting of approximately 1,500 square feet
(0.03 Ac.) of vacant land. The property designated as "Parcel B" on
the Settlement Exhibit is designated and described as "Residual
Property to be Acquired Area 3= 20,597 Sq. Ft. 0.473 Acres" on that
certain pla# entitled "018 Plat Showing Property to be Acquired from
Vicente N. Rono, Jr. and Conchita N. Rono by the City of Virginia
Beach for Princess Anne Road / Kempsville Road Intersection
Improvements CIP 2-048 Virginia Beach, Virginia," which plat is
recorded in the Cauxt as Instrument No. 20090519000553070. The
1,504 sq_ ft. portion to be conveyed will be subdivided from this
residuai parcel.
v. The City will appiy to close a portion of Old Princess Anne Road,
shown as "E" on the Settlement Exhibit and the property will be
conveyed to the Church (subject to necessary approvals referred to in
Paragraph 11), so the property can be added to the Church property.
No payment will be required for the area of the street to be closed.
The street closure sha11 follow the City's standard street closure
process, and shall be subject to any restrictions required of the
Planning Comxnission and the City Council.
2. Pavment bv Ciiv. T'he Church shall retain the Deposited Funds, and the City sha11
pay to Church the additional sum of $250,000 (the "Additional Settlement Funds").
3
3. Release bv the Church, The Church will execute a cozzlprehensive release,
releasing the City from all claims arid liabilities arising from the City's filing of Certificate No_
1719 and the filing of the Litigation.
4. Nofice of Environmental Contamination. The property to be conveyed by the
City may contain environmental contasnination. The City has pravided ta representatives of the
Cburch a report entitled "Risk Assessment for the Kempsville Shoppes Site, dated December 13,
2007 by SCS Engineers, and a report entitled "Limited Phase II and Environnaental Site
Assessment Addendum #2, dated April 17, 2009 relating to said contamination. The City does
not promise to remediate the contamination on any lands to be conveyed, and the property will
be conveyed subject to notice of contamination, without warranty. AIl property is to be
conveyed "AS IS, WHERE IS" The City wiil reserve from the conveyance of the properties
described in paragraph l.b. the right to monitor the lands to be conveyed, in locations to be
determined before ciosing, for the purpose of voluntary monitoring the contamination at its sole
option. The City assumes no responsibility far restrictions that may be imposed by DEQ or other
state or federal environrnental regulatory agency due to said contamination.
5. Subdivision. To tke extent that the City property or the Church property need to be
resubdivided to facilitaxe the conveyan.ces described herein and tv incorporate the respective
properties to be exchanged into other pmperties owned by the parties, the City will prepare and
submit one resubdivision plat, the cost of which will be paid by the City. If the Church engages
any consultants to review the plat, such engagement shail be at the Church's sole cost and
expense. The Church agrees to promptly review, sign and seek the szgnatures of any ienders and
to otherwise cooperate with the City in order to facilitate such resubdivision; provided, however,
that nothing herein shall requixe the City to include in the resubdivision any portion of the fortner
4
Bank of Amezica site or the reserved Pump Station Site. Any resubdivision of the former Bank
of America site or the reserved Pump Station Site sites shall be at the Church's soie cost and
expense, unless these areas are included in the one subdivision plat the City will prepare as stated
above.
In the event such resubdivision has not occurred by the date the City com.znits to sell the
balance of the Shopping Center Site to a third party, the City may at its sole option take any
necessary and appropriate action to either resubdivide only tlae Shopping Center site and reserve
the lands to be conveyed for itself, convey the entire site and assign its obligations and rights in
this Agreerxzent pertaining to the Shopping Center Site or take any other appropriate action tkiat
allaws for the sale of the property and conveyance of the portions of such site described in this
Agreement but requires the City to ensure the obligations herein aze met.
b. Conclusion of Li#igation. The Church and the City agree to cooperate with each
other to take 0 actions necessary to conclude the Litigation and to convey the lands to be
exchanged and to fulfill the other obligations of this Agreement. The Church agrees that its
cQUnsel shall endorse for entry in the Litigation an order vesting title in the City ("the Final
Order Vesting Title"). The Additional Settlement Funds sha11 be paid into Court or to counsel for
the Church upon entry of the Final Order Vesting Title. The City will notify the Court as soon as
possible that the matter should be removed fronn the trial docket, pending consummation of the
settlement_
7. Entrances. Nothing in this Agreement sha11 require the closure of any of the
following entrances: two (2) existing entrances on the Church property to Old Princess Anne
Road and one (i) existing entrance on the Bank of Ameri.ca site to Old Princess Anne Road.
$. Suffer between Church Propertv and the Balance of the Shopping Center
Site. The Ci#y sha.il, to the extent pzacticable, install a landscaping buffer in the westernmost
portion of the blue areas of Parcels A, B, and the Point, as shown on the Settlement Exhibit to
visually separate the Church property from any future development on Parcels A, B, D and the
Point.
9. Sank of America Buildin to be Demolished. The City will dernolish and
remove the building and drive-thru structure on the Bank of America site pri.or to conveyance to
ihe Church, at the City's own cost and expense. Existing curbs and asphalt will remain.
10. BMP. The Church's stormwater drainage pond was acquired for the Project, and it
had additional capacity at the time the Certificate was filed. The City agrees that the Church
shall have a credit for any excess capacity it had to use toward any future development on the
Church property.
11. Further Approvals. Notwithstanding any other pravision herein., the parties
acknowledge and agree that their respective governing bodies must approve the terms of this
Agreement and undertake formal action to convey the lands to be exchanged. The conveyance
of azry public property is subject to procedures required by state law, inciuding acquiescence by
the Commonwealth or an.y of its departrnents, agencies or political subdivisions to the
conveyances by the City described herezn, and the Church must follow its required procedures
for the conveyance of Church land. Not$ing herein shall dictate how any elected official or
Church member votes in any vote regarding the approval of this Agreement. This Agreemen#
represents the agreement in principle resulting from mediation, but does not constitute an
agreement to canvey land, which shall proceed by a future formal written Exchange Agreement
and future plats to depict the lands to be conveyed, wiuch shall nat be executed until after the
respective bodies have voted.
Signed this Iday of 2012-
EMMANUEL PROTESTANT
EPIOPA , C CH OF rjKEMPSV1LLE
?PA +wet?? S?vtt?o ? xx
.f Q : By Name:
Title:
By,????
Name: ??
Title:
CITY OF VIRGINIA BEACH
By:
7
n ?
.
rt?jt
1 t'
? ?I S
fJ ' ?+..n \!V Q O
,
17T Et
? (, ?' !` ? ? ,?s _,` ?;•?? ? ? ? ?_ ?1 . '? ?. ' ? .t' ... ? ? ,
,'. ~ f m
0
07
ry?It
t,
N
,.
a
r ?• ?
t
? y ,w I ?
? ?
?
?+?
? ?
W w o
?y f1 Z ,?' ? t Qr ??'?? t?. ?
d!
? .w a? ? O?
?p O Ji;?r?#,, ?' ?'"?,, t+r??A t? ?
Q
?
? •, ? ?? ? ? ?.. 'Tf ??E.?`!..L? { ?? g
? ? V F -• k? @
k-
"S
..
lrr?, ; '?,' .,? ?j?„?,L.~"`? .?,? --•;•?? s
Q = x ;u d ?
?
CO)
?. ?
? N
'e '^•...°"^^..-,.,,,,,?„_,., .7I 54
C'y x
?
C. m
771 ?f J -i
u .. _
?? ? ? 3 Y
. `? •^,? _ f":.,'? -?°_',°?"°""....."" .,?,..,"`.,z":".. ?rv4.1!;`?? ---.?.>?+....,.:v.,,,v..?._,.. .? Q ?
Q
CL
? Q
?
N
-28-
Item -VI-I.3
ORDINANCES/RESOLUTIONS ITEM #61936
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT a Resolution to ENDORSE the Envision Virginia Beach 2040 Committee Report and
DIRECT the City Manager pursue the focus areas in the Report
Tjoting.• 10-1 (By Consent)
Council Members Tjoting Aye:
Glenn R. Davis, William R`Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice MayoY Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Yoting Nay:
John D. Moss
Council Members Absent:
None
Juize 12, 2012
1 A RESOLUTION TO ENDORSE THE ENVISION VIRGINIA
2 BEACH 2040 COMMITTEE REPORT AND DIRECT THE
3 CITY MANAGER TO PURSUE THE FOCUS AREAS IN
4 THE REPORT
5
6 WHEREAS, in January 2011, the Envision Virginia Beach 2040 Committee (the
7 "Committee") was appointed to study and analyze current trends and forces affecting
8 our community to determine the future of Virginia Beach in 2040; and
9
10 WHEREAS, the Committee reviewed community factors and considerations,
11 such as the military presence, safe and stable neighborhoods, transportation corridors,
12 quality of education, employment for future generations, agricultural reserve, cultural
13 opportunities, recreational opportunities, and technological changes; and
14
15 WHEREAS, the Envision Virginia Beach 2040 Committee spent over 700
16 volunteer hours developing a compelling, challenging, yet realistic vision of the future of
17 Virginia Beach using an approach that looked at a"day in the life" for a citizen, family or
18 visitor; and
19
20 WHEREAS, the Envision Virginia Beach 2040 Committee report dated May 15,
21 2012, includes broad areas of focus and provides an expanded description of the
22 desired future; and
23
24 WHEREAS, the Report provides key trends shaping Virginia Beach that will need
25 to be monitored;
26
27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA, THAT:
29
30 The City Council endorses the report dated May 15, 2012 by the Envision
31 Virginia Beach 2040 Committee as a positive and inclusive vision of the future.
32
33 BE IT FURTHER RESOLVED, THAT:
34
35 The City Manager or his designee shall return to the City Council before the end
36 of the calendar year with details for the formation of a continuing body, appointed by
37 City Council, to monitor and pursue the report's vision of the future, to communicate
38 with regional bodies, delegations, and community groups, and to pursue the report's
39 bold steps for Regionalism, Early Childhood Education, Transportation, and the Vision
40 to Action Community Coalition.
41
42 Adopted by the Council of the City of Virginia Beach, Virginia on the 12tday of
43 June , 2012.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
? e
?.
,
y s Office
CA12293 1
R-2
May 30, 2012
ENVISION VIRGINIA BEACH 2040 COMMITTEE
REPORT
?
?
?
?
CieanLight-raulRegional ?emative f
l+veable-aty
World-class? g P?'S
Strong-famiGes
-Styie w? lkways = .
. o life-long;?
,rnin B Y uouu
t/? ? ?i
?H?hy#w ?Diversi
C? energy
airport ;?'"? Multi-g enerationalFam4l
Cc succeed a RegianalismAccess-Wori?
3 Effiaer?t9 ? ? High-Tech opbon,
suceed =
cin ? park5geaches
Cc
L?
?
-
tc
?
O
td
?
?egionorga,ic
munity
?? 1,,,.ft1_;^na J
in
Committee Mission
To provide a thoughtful vision for Virginia Beach
in the Region to achieve by 2040
May 15, 2012
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
ENVISION VIRGINIA BEACH 2040 REPORT OUTLINE
Letter from Co-Chairs ............................................................................................. 2
Introduction ........................................................................................................... 4
- Mayor's Appointment and Commission to Committee
- Visioning
- How to Read this document
Vision - Virginia Beach in 2040 ............................................................................... 7
- The Committee's description of the desired future state for the City
Life in Virginia Beach in 2040 ................................................................................. 8
- Connected Community
- Learning Community
- Diversity Community
- Unique Environment
- Active Lifestyle
- Thriving Economy
Vision to Reality ..................................................................................................... 21
- Bold Steps
Key Trends Shaping Virginia Beach in 2040 ............................................................. 23
- Demographic
- Technology
- Environmental
- Economic
Appendix ................................................................................................................ 29
- Current Reality
¦ Summary Trends and Issues Impacting the Future
¦ Opportunities/Assets
¦ Challenges
- Committee Process
¦ Meeting/Presentation Schedule
¦ Visioning Context Map
1
May 15, 2012
The Honorable Wiliiam D. Sessoms, Jr., Mayor
Members of the City Councii
Dear Honorable Mayor William Sessoms and City Councilmembers:
Over the last 16 months, we have had the privilege of leading the City's visioning initiatives. We arrived
in these roles with vastly different backgrounds, experiences and perspectives. Interestingly, those
differences proved to be advantageous in our visioning efforts. While our backgrounds differed, we
were unified in our belief that the future of Virginia Beach and the region is bright.
We would be remiss if we did not thank you and the council for this opportunity. Your charge was
simple yet profound: "Assemble a talented and diverse group of thoughtful leaders, seek input from the
community and come up with a compel(ing vision of what our city should be 28 years from now." In
other words, what would a"day in the life" be like for a citizen, family or visitor in our city in the year
2040.
First, the assembled group was first rate. Collect+vely and individually they were committed to creating
a vision where citizens and visitors alike, could thrive, prosper and enjoy a vibrant abundant life. For
their efforts, we thank each of them for their selfless service and commitment to the city and region.
Second, the group went to great lengths to gather facts from various segments within the community.
Not only were our bi-monthly meetings open to the public, but we also held an open forum where we
engaged the community on major trends and issues affecting us over the next 30 years. Throughout
this process, various City departments proved invaluable in assisting the committee with critical
insights, statistics and trending data.
Third, and most importantly, the group completed the task of offering a compelling, challenging, yet
realistic vision of the future of Virginia Beach. And while our focus was not on how we would achieve
this vision, we felt it was imperative that we highlight a series of bold steps that have to be
accomplished if we are to realize the vision.
Lastly, we would be remiss if we did not especially thank the City Manager Jim Spore, Steve Herbert,
Barry Frankenfield, Kathy Hevey, Charleen Cooper, Linda Stephenson, and Ron Berkebile for the superb
administrative and logistical support they provided to the committee. Without their professionalism
and expertise, our efforts would not have been successful.
In closing, it is our hope and desire that the city council share our excitement about how this vision will
transform our city. We believe the council's adoption and im mentation of this VISION will create one
of the greatest cities in the world.
Sincerely,
Gary McCollum, Co-Chair o n Malbon, Co-Chair
Senior Vice President and General Manager President and CEO
COX Communications PAPCO, Inc.
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
Report Respectfully Submitted by the
Envision Virginia Beach 2040 Committee
Gary McCollum, Co-Chair
Senior Vice President and General Manager
COX Communications
John Malbon, Co-Chair
President and CEO
PAPCO, Inc.
Georgia Allen, President
NAACP, Virginia Beach Branch
Naomi Estaris, Co-Owner and C00
The Travel Outlet
Tim Stiffler, President
Afton Hospitality Management
Aubrey Layne, President
Great Atlantic Real Estate
Rob Goodman, Attorney
Kaufman and Canoles
Ed Hamm, President
E. L. Hamm and Associates, Inc.
Dr. Deborah DiCroce, President and CEO
Hampton Roads Community Foundation
Paul Hirschbiel, President
Eden Capital, LLC
Don Horsley, Farmer
Land of Promise Farms
Bert Reese, Senior Vice Present and CIO
Sentara Healthcare
Daniel Edwards
Virginia Beach School Board
Megan Paraiso
ODU Graduate
City Staff Support
Barry Frankenfield, SGA Department
Charleen Cooper, SGA Department
Linda Stephenson, SGA Department
Ron Berkebile, SGA Department
Kathy Hevey, Organization Development Office
Technical Support
Jeff Barba, Communications and Information Technology
Corey Sullivan, Communications and Information Technology
Central Library Research Staff
Media and Communications Staff
3
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
INTRODUCTION
Mayor's Appointment
January 11, 2011, the Mayor appointed a 13-member citizen visioning group to study and
analyze current trends to determine the future of Virginia Beach in 2040. Where are we now,
where will we be, where do we want to be?
Driving factors encompassed economic development, military presence, modes of
transportation, safe and stable neighborhoods, transportation corridors, quality of education,
employment for future generations, agriculture reserve, urban and cultural opportunities,
recreation, environmental preservation, etc.
The first phase of the Committee's work was understanding the forces affecting our community
and the future. The Committee received presentations by experts and leaders on finance,
comprehensive planning, cultural resources, economic development, education, housing,
military presence, parks and recreation, travel and tourism, transportation, demographics, etc.
Simultaneously, the group conducted several Committee workshops, building a context map
used for launching their visioning process. This work populated the assumptions and trends
that will most impact the City's future.
The goal of the Committee was to create a compelling vision for the future that people will
support and embrace.
4
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
Visioning
Visioning is a process of determining a preferred future that draws on the values of the
community and hopes for the future. It provides a shared image of life 15 to 25 years forward.
"It comes from the future and informs and energizes the present."1
A community vision focuses on people and their quality of life. It creates a mental picture that
inspires and challenges by describing real results and reflecting the highest standards for the
community. A vision emphasizes the community's unique qualities and provides a direction
and motivation for change.
A vision is necessary to navigate through a rapidly changing world. It focuses on long term
outcomes versus fixing a current issue/problem and surfaces the most significant trends that
will impact the future. It provides a context for strategic planning, policy development,
resource allocation, decision-making, and marketing.
A community vision does not articulate specific steps or goals on how to achieve it. It provides
the focus on the shared destination and serves as a guide for creating plans and establishing
goals and objectives. Goals are specific, targeted things you want to achieve. They are the
bridge from where we are today and the vision becoming reality. Goals and objectives are the
incremental steps and may change based on current trends, however, the vision remains
constant.
Leadership for developing plans and strategies to achieve a community vision begins with City
Council. How we get there is also the responsibility of the entire community. It means
citizens, local government, educational institutions, businesses, neighborhoods, churches, non-
profits, and the military work to make the vision a reality.
1"The Importance of Vision #5", John Graham
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
How To Read This Document
The first part of the document includes the Vision Statement and describes the Quality of Life
in the Community in 2040. This sets the framework for how the community will look and what
people will experience in 2040.
Life in Virginia eeach in 2040... includes broad areas of focus that emerged during the visioning
process. These Vision Elements provide an expanded description of the desired future.
In 2040... these are statements of what we have achieved; what people might experience; and
what the region, nation and world will say about us. These statements do not provide specific
direction on how to achieve the Vision. That level of detail is the work of community, business,
educational, and government leaders as they plan for the future and adapt to changing trends
and issues.
A Day in the Life of... is a story describing a day in the life of someone visiting or living in the
community in 2040.
Vision to Realiry... identifies Bold Steps that will move the Vision forward. These are high level
strategies and priorities that need to be implemented to realize the Vision, why these are
critical to the Vision's success, and specific actions for Council to take.
Key Trends Shaping Virginia Beach in 2040... are external trends that have implications for the
Vision. These need to be monitored so decision makers, strategic plans, policies, and
regulations adapt to changing needs and issues as we move toward the Vision for 2040.
In the Appendix of the document the following information is provided:
• Opportunities and Assets
o Current opportunities that may be significant
• Challenges
o Current challenges to monitor and/or address
• An outline of the Committee's process
6
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
VISION - VIRGINIA BEACH IN 2040
Virginia Beach is the most livable coastal community in the world located within the southern
Chesapeake Bay region. It is defined by its rich natural resources and exciting, diverse, and
interconnected neighborhoods. We are united by our broad social, cultural and recreational
offerings, a thriving regional economy, and life-long learning opportunities that create a
synergy where all citizens can live healthy lives, grow daily, continually reinvent, and prosper.
Quality of life in 2040
Virginia Beach is a dynamic place to live, work, raise a family and grow older. We are friendly,
caring, connected to one another, and we welcome visitors. Our neighborhoods provide a
variety of affordable housing alternatives that meet the needs of all people including young
professionals, families, and senior citizens. All citizens have access to affordable, high quality
health care and life-long learning opportunities. We are environmentally conscious and a
"green", healthy and safe community. Individuals, families, and visitors value the wide
diversity of cultural, recreational, entertainment, and natural resources that stimulate,
strengthen, and revive the mind, body and spirit. We have a culture of volunteerism and civic
engagement. Our network of faith-based, civic, and non-profit organizations is engaged and
enriches our community. We support initiatives that strengthen our region.
7
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
LIFE IN VIRGINIA BEACH IN 2040
The vision describes how the community will look and what people will
experience as residents and visitors. There are some compelling images that
broaden and reveal more of life in Virginia Beach in 2040. These elements are
central and create focus in planning for the future, moving us closer to the Vision
for 2040.
The Vision cannot be achieved without success in all of the elements. They are
organized in the report but not ranked.
Connected Community
Learning Community
Diverse Community
Unique Environment
Active Lifestyle
Thriving Economy
8
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
Connected Community
Virginia Beach is a well-planned community of exciting, diverse neighborhoods, each offering
unique opportunities to live, work, play, and grow in a culturally rich and safe environment.
Our neighborhoods and residents find interconnectivity through our award-winning multi-
modal transportation system, the ubiquitous presence of broadband communication
technologies, and most importantly by building a deep sense of community.
In 2040
What we have achieved, what people might experience and what the region, nation and world
will say about us.
• For the fifth year in a row, Virginia Beach is named "The Most Livable City in the
United States."
• Each neighborhood provides an array of recreational and cultural activities to
strengthen the body and excite the mind.
• The diversity of our residents is seamlessly infused and celebrated throughout our
neighborhoods.
• Neighborhoods and business districts are free of blight and are aesthetically pleasing
to the eye, built with a focus on conservation, easy to get around, and safe for citizens
to explore.
• Mixed-use communities provide residents with opportunities to live, work, learn and
play.
• Residents take pride in their neighborhoods.
• A well-planned light rail system and a network of bike paths and pedestrian walkways
interconnect our neighborhoods and provide access for all citizens to all parts of the
City.
• Citizens, businesses, and visitors have access to advanced broadband technologies
that efficiently and effectively support regional interconnectivity as well as global
commerce.
9
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
Connected Community
A Day in the Life...of George
George King gets up early to jog before starting his workday. Leaving his condo, he waves to
several neighbors running or walking their dogs and goes about a mile before turning toward
the Thalia neighborhood, where he meets his jogging partner, Judy. As they continue their
run, they laugh about the "old days in 2012" when they would have to jump in their cars and
meet at a park or gym if they wanted to run together. They complete their morning trip
around the neighborhood trail and agree to meet around 4:30 before heading up to Richmond
for the opening of the New Multi-Media Art Exhibit.
George is working from home this morning, consulting with colleagues in Finland and Japan via
a conference cloud, sharing designs, solutions and new ideas. He is the lead engineer for an
experimental transportation district in the City designing a multi-modal system that meets the
unique needs of a retirement community. After the conference call he catches the light rail on
the corner and heads out to have lunch with his parents and talk with the neighbors about how
the new system is working.
George's parents, George Senior and Ellen, have been living in the community for several
years. The neighborhood is small with a landscaped courtyard and common walkways and
backyards that make it easy for residents to get to know each other. The energy efficient
homes are also designed to recognize when temperatures need to be adjusted and provide
residents with tele-medic access to their doctor's office to make appointments, do med checks
and have follow-up visits from home. George's newly-designed pavement system
accommodates turbo wheelchairs making it much safer and easier for many of George's and
Ellen's neighbors to get to the stores and restaurants in the area.
While walking around with the neighbors, he gains more insight about what is going well and
where he needs to adjust plans. He makes changes to the design as they go, simultaneously
alerting his colleagues overseas of the adjustments. The changes will help the community, but
also the next neighborhood.
Since he's running a little late he takes advantage of the car-share system. He steps into the
car, gives his code, and the car scans the city grid for the most efficient trip to his condo.
Arriving home around 4:30, he prepares for the evening and joins Judy and friends at the light
rail station and high speed connection to Richmond.
10
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
Learning Community
We have a comprehensive approach to formal education and broader learning opportunities
for citizens at all stages of life that supports their ability to learn, grow and prosper. We
believe in and support an educational continuum that begins at birth and lasts a lifetime.
Individuals, families, government, and businesses know and accept their roles preparing
citizens to be successful throughout their lives.
I n 2040
What we have achieved, what people might experience and what the region, nation and world
will say about us.
• All students entering kindergarten are ready to succeed academically in K-12 because
of prenatal care and early childhood initiatives.
• High school graduation rates approach 100% and the majority of graduates are enrolled
in college or apprentice programs.
• Higher education, apprentice programs, and skill certification efforts are aligned with
the talent needs of business and industry within the region.
0 We are recognized for the number of residents over the age of 50 pursuing continuous
learning opportunities and seeking intellectual stimulation.
• Students are prepared for success at every stage of their educational journey.
• Educators fully employ state of the art technology that provides greater accessibility to
resources and teachers thereby maximizing the efficiency of our investment in
education.
• Teachers are valued and well compensated. There is zero tolerance for continuous and
uncorrected underperforming educators in the classroom.
• Older citizens and younger generations interact so that both may share knowledge and
experiences.
• Partnerships and collaboration among the region's higher education institutions create
nationally recognized centers of excellence.
• The region is known for the intellectual curiosity of its citizenry and the opportunities
available to pursue knowledge and life-long learning.
• Virginia Beach as a model for successful education.
11
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
learning Community
A Day in the Life...of Ruth
Ruth, Assistant Superintendent of Students, is reviewing the most recent student reports and
once again she is excited by the results. Children at every age and education level are excelling
in core content, expanding their individual learning goals, and taking advantage of the diverse
learning opportunities available. The reports also clearly demonstrate how the influence of a
collaborative educational systems, businesses, informal learning communities and global
content scholars has impacted students. She pours a cup of tea and retrieves two student
profiles to review.
Tristen is 15 and has just completed his formal course work. He has been accepted into an
apprentice program with a high tech renewable resources company here in the City. In looking
over his Annual Learning Strategy, it is clear Tristen understands and can analyze the core
concepts. For each area of study he recorded innovative learning goals, encapsulated
uncertainties and listed new things he'd like to explore. His Learning Strategy helped his
learning coaches relate and refine core content and identify virtual learning opportunities
focused on his key interests, technology and the environment. Through a partnership with
local businesses they also found a mentor in the company where he will begin his career.
Tristen is on his way!
Kaylee is another success story. She is just beginning her third year of formal learning and has
surpassed everyone's expectations. Ruth was her learning coach when Kaylee was two years
old and enrolled in an early learning development program. This Quarterly Learning Strategy
reinforces the impact of early instructional programs and authenticates the impact of global
learning resources and opportunities for inclusion students. Smiling, Ruth quickly cybernetics a
message of congratulations to Kaylee, then stores Kaylee's file.
Ruth has one more thing to do before she ends her workday; she needs to do more work on
her recertification as a learning coach. She's completed the required segments but a new
dialog has launched across the country on reassessing gamification. After an hour of virtual
simulated listening and reviewing content, she joins the discussion and poses a new hypothesis
taking the dialog in a new direction. Now it's time to relax.
Leaving her office she heads over to the Learning Center hoping she can pull her mother away
for dinner and a stroll on the beach. She knows it won't be easy; her mom loves the hours she
spends at the Center. Ruth's mother brings students throughout the City together with older
residents, creating opportunities to enrich their understanding of the community's diverse
history and population. This work is in addition to her regular work; Mom is back in school for
an art degree.
12
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
Diverse Community
Our community-wide culture embraces and values all citizens and visitors with regard to
ethnicity, national origin, gender, sexual orientation, age, socioeconomic standing, physical
abilities, or religious beliefs. We address the processes and norms that ensure engagement,
collaboration, fairness, respect, understanding, and trust exists between all populations within
the community.
In 2040
What we have achieved, what people might experience and what the region, nation and world
will say about us.
• The community is a recognized international leader for being inclusive and celebrating
diversity in all of its forms.
• We have the largest number of successful minority and women owned businesses in
the State and in the Region.
• City policies, procedures, and results reflect a zero tolerance approach to actions or
efforts that stereotype, profile or denigrate any particular segment of the community.
• Minority student performance leads the nation.
• Business, civic, and educational leadership reflects the diversity of the community.
• The City has negligible gaps in earning potential, unemployment, and overall economic
vitality.
• Face to face and electronic forums are prevalent throughout the City where citizens
from various backgrounds meet and have courageous conversations.
13
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
Diverse Community
A Day in the Life...of Federico Ortiz
It's early afternoon and has already been a busy day for second-term Mayor Federico Ortiz.
This afternoon he is hosting a panel discussion and an open dialog with the Urban League, an
international business delegation, and a global audience to discuss how the community has
come together over the last 25 years to ensure engagement and build understanding and
respect within and among the many diverse groups in the City.
He is particularly proud of the panel that has been assembled to talk about the journey,
Virginia Beach native and U.S. Senator Brenna Harold will be joining him, as well as business,
educational, civic, and church leaders. Mayor Ortiz knows the real stories and lessons will
come from the citizens who are joining the discussion from home or the many Learning
Centers throughout the City. Knowing his neighbors and constituents, he's confident there will
be broad representation and views from the diverse community. The heart of the message will
come from them as they talk about successes, challenges, and what we still have to learn.
As he waits for his Smart Car, he reflects some of the impacts that have influenced the kind of
relationships and community we enjoy today. He remembers the first time his parents went to
something called a"living room conversation" and hearing about something called a"civil
conversation." This seemed so odd to a 16 year old. Around that time, there was a lot of
discussion about the diversity of the neighborhoods and how communities began to have
annual celebrations to highlight their heritage. Looking back, so much focused on making
connections, establishing relationships, and learning how to find common ground for
constructive conversations.
When he moved back to the City after graduate school, one of the first things he noticed was
the emphasis placed on building cultural competencies and how it made sense for a global
municipality. Every employee from leadership to entry level had learning tracks and annual
reviews that focused on generational and cultural awareness, consequences of assumptions,
and understanding cultural attitudes toward hierarchy, punctuality, relationships, and risk
taking. The municipality took this a step further by asking employees from diverse backgrounds
to serve as cultural coaches.
The robotic voice from his Smart Car states, "Mayor, your transportation is ready."
As he heads outside, he records a few quick notes for himself: students of all ages from diverse
family backgrounds are performing at the same level - the superintendent should cover that;
highlight the influence of church and non-profit leaders; address diverse housing and childcare
needs; be sure the seniors at the Cultural Learning Center show off the art section; cover the
impact of transparency in government.
And the day continues........
14
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
Active Lifestyle
Cultural and recreational opportunities enhance the regional economy and provide emotional
and intellectual opportunities for expression, education and entertainment. Citizens of all ages,
individually and as families, experience the natural resources, restaurants, museums,
aquarium, recreation centers, and entertainment venues in the region to stimulate,
strengthen, and revive the mind, body and spirit.
In 2040
What we have achieved, what people might experience and what the region, nation and world
will say about us.
• The region's diverse performing and cultural arts offerings provide distinctive elements
that appeal to all ages and parts of the community and "events" that generate interest,
excitement, entertainment and support tourism.
• Fifth year in a row recognized by Cyber Medic magazine as a"Fit" community
• Public art is displayed throughout the City.
• Local festivals reflect the diverse backgrounds and cultures of our citizens.
• Students are exposed to the arts through a variety of opportunities, both instructional
and in their daily lives.
• We are known for our amateur athletic events and draw national and international
competitions.
• Our natural environment and conservation efforts are celebrated in our museums and
cultural offerings and attract regional residents and national visitors.
• Citizens and visitors enjoy professional sports.
• The Virginia Aquarium is the benchmark for US aquariums.
• Residents and visitors of all ages take advantage of our beaches, parks, bikeways,
athletic venues, recreation facilities, and neighborhood trails to sustain a healthy
lifestyle.
17
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
Active Lifestyle
A Day in the Life...of the Morris Family
The Morris household is up early on most Saturdays and breakfast is an important time to
"check in" before they all begin their busy day. "Where's Mom?" asks Joann.
"You know your mother," says her dad, "set in her ways, at 74 years old she has to have fresh
strawberries from her garden for breakfast."
Looking out the window Joann watches her mother picking berries in the shared garden
between the main house and her parent's modular apartment. She's happy that both her
parents are still healthy and active and more than relieved that they are close by should they
ever need assistance. "What are your plans for today, Dad?"
"Your mom and I are going to take the shuttle and meet Sam at the "Pleasure House Point
Environmental Station. There is an eco-tour senior group from Europe coming in on Tuesday
and we are guides for the walking tour. It's been awhile since we've volunteered there so we
want to walk the trails. Then we are going to meet the Kings for lunch at the Oceanfront."
Riley slips into her seat and joins the conversation. "That sounds like fun, gramps." "Mom,
afterwards maybe you and I can check out the park for next weekend's Art in the Park Show.
Then I'll take the bike trail to Nala's house so we can finish our sketches. We need to go to the
Learning Center and fire her last earthenware pieces. Everything has to be finished for the
show. I promise I'll be here in time for tonight's big game."
"That's fine dear, just let me know if anything changes. I'll leave from the park and ride to the
soccer fields. Michael, what time is the game?"
"We play the British team at 10:00, and if we win, we play the winner of the Italy and Spain
game. The championship is tomorrow. Wouldn't it be great to win the Junior World Soccer
Championship?" "Hey Dad, where have you been?"
"I wanted to get a run in before we head to the field. Have you all seen the new trail
connecting to the Salazar's neighborhood? It's great! I'm going to shower and then look over
the game plan before we head to the field. By the way, your mother and I invited the coach
from the British team and his family to join us tonight for the game."
Joann's mom finally walks in and Riley greets her. "Good morning Grandma! Are you and
gramps going to the game tonight?"
"Wouldn't miss it Riley! I can see the headlines...Tridents - 2040 NBA International
Champions!"
18
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
Thriving Economy
We have a thriving regional economy that leverages our assets with high employment and
dynamic business growth. We educate, attract, and retain a talented and diverse workforce
and provide a broad base of employment with an emphasis on high paying jobs.
I n 2040
What we have achieved, what people might experience and what the region, nation and world
will say about us.
• The region is the premier East Coast destination for domestic and international tourists.
• Agriculture presence remains significant due to proactive strategies and initiatives.
• Business, academic institutions and governments collaborate to develop and align the
skills of the workforce to meet business needs.
• We are renowned for medical science research.
• Military presence remains significant due to proactive strategies and initiatives that
support the changing needs of military.
• Businesses are innovative and create partnerships and entrepreneurial opportunities
that sustain the economy.
• Wind and alternative energy industries help drive our economy.
• Businesses select Virginia Beach as a premier location due to its qualified workforce,
business friendly climate, and community assets that support business growth and
success.
• International trade has grown and diversified because of our strong economy and
international ports.
• The synergy from the academic centers coordinating research results in a culture of
entrepreneurship and a continuous flow of successful start-up companies.
• Travelers are connected to national and international destinations through the ease of
high speed rail and an international airport.
19
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
Thriving Economy
A Day in the Life...of Renia
Renia Kuroki is excited about today's business meeting. She will be hosting an international
delegation of business leaders who are interested in expanding their companies or looking for
a headquarters location. She wants to be sure to emphasize to the executives the diversity and
quality of the workforce as well as the unique qualities of the community that make not only a
great place for their business but also their families.
Reina Kuroki first fell in love with Virginia Beach 30 years ago when she was part of the Sister
City delegation from Miyazaki, Japan. Today, she's the chief executive officer of Global
Recycling & Packaging, Inc., a Fortune 500 company located in the Entrepreneurial Academic
Research District. Her business is one of several large companies on the Fortune list, Second
Wind Power Industries, Carlton Genetics lab and RCG Simulation Systems are three companies
that began as small businesses in the City.
She greets the delegation at her headquarters and after a tour she shares her story about
moving her business to Virginia Beach. Renia provides them with a virtual tour of the Southern
Chesapeake Bay region, highlighting the unique assets that contribute to the globally
interconnected economy particularly the region's international airport, high speed rail system,
and the communications network.
Renia then begins what she considers to be the most important part of the day, providing
them with the opportunity to experience the local community. They head down the main
route toward two of the neighborhood hubs that truly represent the cultural diversity of the
City and local businesses. They dine in a small Nigerian restaurant that is noted for its
traditional dishes and use of local seafood and vegetables. They visit several local shops, a
small art gallery and have an opportunity to mingle with the neighbors.
The day ends at the Oceanfront where they watch the preparations for the 67t" Annual
Boardwalk Art Festival that begins the next day. As they head back to their hotels, Renia talks
about her decision to move here.
"I moved my company from Tokyo to Virginia Beach because this city really knows how to
support fast-growing businesses," says Reina. "The key to our continuing growth has been the
collaboration between the business community, academic research centers and local
government."
"My entire staff - from the executive suites to the manufacturing center - has come to call
the City home. We love our safe neighborhoods; great schools; skilled workforce; the
beautiful, green environment; and healthy life style. The cultural and recreational facilities are
world-class, and the transportation systems here keep our business moving forward."
20
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
VISION TO REALITY
The Community Vision creates a mental picture that inspires and challenges by describing real
results and reflecting the highest standards for our community. To achieve the Vision, it must
be grounded in specific strategies to move toward the desired future. Bold Steps provide focus
and direction to begin the work.
Bold Steps demonstrate our commitment to the Vision and communicate the serious intent of
leadership. These are high level strategies or actions that stimulate other activities and move
the community, government, business, education and non-profits toward that Vision.
Bold Step: Regionalism
City Council leads the effort to build a strong, effective regional coalition to leverage
the region's assets and creates a culture of collaboration for the success of the
Southern Chesapeake Bay Region.
Why:
• We can only succeed as a region
• Leverages each community's strengths, reduces competition, generates savings
• As the largest City in the Commonwealth, we need to take a leadership role
• Reduces the cost of local services through sharing resources
• Everyone in the region wins
• Capitalizes on the interconnectivity of the region
• Allows us to market the region
• Region speaks with one political voice/clout
Bold Step: Invest in Early Childhood Education
Increase the level of commitment and investment in early childhood education in
order to ensure children are successful in K-12 and in life.
Why:
• Students with greater potential
• Successful adults
• Increases earning potential that supports the economic growth or individuals and the
community
• Safer community
21
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
• Reduction in the cost of the criminal justice system
• Reduces human service needs and subsidies
• Workforce that is prepared for the future
• Reduce the overall cost of education
Bold Step: Transportation
City Council makes transportation a key priority, focusing on multi-modal means of
connecting within our neighborhoods, across the City, region and beyond.
Why:
• Vibrant, successful communities rely on mobility through transportation connectivity
• Neighborhoods, learning, leisure and economic success all rely on a successful
transportation network
• Enhances the overall citizen and visitor experience
• Citizen safety
• Reduces automobile traffic
• Clean air - healthy environment
Bold Step: Vision Into Action
Establish an ongoing Vision to Action Citizen Coalition to monitor and measure
alignment of Council's planning and implementation of the Community Vision
Why:
• The community owns the Vision
• Broad representation to ensure community input and buy-in
• Ensures current council and future councils sustain a consistent focus on implementing
the Vision
• Alignment with vision - strategic planning, decision making, policies and procedures at
the Council and government levels
22
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
KEY TRENDS SHAPING VIRGINIA BEACH IN 2040
We know that there will be many changes over the next 28 years that will impact our ability to
create the kind of community we desire. These Key Trends will change the community and
have implications for the future. These are trends that need to be monitored so decisions,
strategic plans, policies, and regulations adapt to changing needs and issues as we move
toward the Vision for 2040.
While the City of Virginia Beach embraces and recognizes its unique qualities and
characteristics, many of the City's future challenges will have common trending dynamics with
Hampton Roads, the Commonwealth of Virginia, and the United States.
In preparation for 2040, four sociological factors will likely influence the nature of the City's
composition. The factors are demography, technological advancements, environmental
sustainability, and rhe economic landscape.
Demographically, as Virginia Beach's population reshapes the community,
most residents and workers will notice a progression toward the graying of
their neighborhoods (the Silver Tsunami), a shift toward a larger minority
presence, and a change of housing desirability standards.
•.:`?` :. Led by Millennial generation research and development professionals,
Environmentally, for many, their lifetime endeavor will be to develop a
sustainable community, alleviate rising sea levels, mitigate coastal
erosion, discover alternative fossil fuel energy options, and feed a
growing local and global population.
technological advancements will enable household and workplace
efficiencies and productivity; they will facilitate highly complex and
streamlined social, information, and workplace networks; and they will
empower private enterprises to customize specific human health products,
minimally invasive microbiological exploratory devices, and tourism augmented realities.
Economically, federal, state, and local government activities have potential to shape the local
marketplace. Military sustainability or growth uncertainty will be an
ongoing contemporaneous challenge; moreover all government funding
sources for core services and infrastructure will determine long-term
transportation options, educational breadth, and social intervention.
23
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
Demographic Trends
Demographically, the three key trends shaping Virginia Beach's future are an aging community
(perceived by current residents as more important than population growth), a growing
minority population, and changes in household composition.
Aging Trends Shaping Virginia Beach
Between 1946 and 1965, a prolific Baby Boom generation represented 76 million children.
During this period, on average, 3.8 million children were born annually.
With new medical technology prolonging life and health awareness
supplementing longevity decisions, U.S. life expectancy has increased to an
average age of 78 (males 76 and females 81). According to the Boomer
Project, due to life expectancy increases, the percentage of Virginia Beach
residents 65 and older will increase from a ratio of 10.6% (2010 census) to
22% in 2040 (the Age Wave); moreover the Caucasian senior population of 20% will equal the
youth minority population. With life expectancy increasing and Baby Boomers working longer,
lifestyle expectations and dynamics will be the top tier core value prompting change.
According to the Virginia Department of Aging (VDA), residents exceeding 85 years in age
(5,630 in 2010) will also likely increase dramatically. This age group will create economic
opportunities for the community; their health will likely be less than optimal; additional
demand for nursing home care will be required; and more medical services
will be necessary. Innovative caregiving support networks will evolve,
whereupon credit is given in exchange for caregiver services rendered
(Transition Networks), and elderly self-supporting communities will evolve
(Naturally Occurring Retirement Communities).
In 1990, women aged 65 years and older exceeded men by 42%. In 2010, this ratio
declined to 37%, and according to the VDA, by 2025, the ratio could be as low as 18%.
This implies couples will remain together longer and will likely age in place.
Minoritv Trends Shaaine Vireinia Beach
According to the 2010 census, Virginia Beach's non-Caucasian population was 32.3%.
African Americans comprised the largest minority group representing 20.7% of the
community. According to the Bureau, by 2042, the sum of all minority groups will
exceed the Caucasian race. As time progresses, new generations will likely identity
less with historical racial and cultural struggles and will become ambassadors for
diversity acceptance.
24
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
Demographic Trends (con't)
According to the Southeastern Institute of Research (SIR), by 2030, the City of
Virginia Beach's population is projected to reach 530,000. In 2010, 4.0% of Virginia
Beach residents claimed more than one race. By 2040, as interracial relationships
become more commonplace, those claiming more than one race will likely increase.
Household Trends Shaping Virginia Beach
As Virginia Beach Baby Boomer residents age, there will be greater demand for senior housing
options. Dependent upon each individual's healthcare need, age, family structure,
' cultural inclinations, and financial circumstance, options will range from
; multigenerational households to nursing homes. With people living longer, more
four to five multigenerational households will emerge. According to the Pew
Research Center, 49 million Americans (16.1%) currently live in multigenerational
households.
In 2010, Virginia Beach single parent families represented
10.3% of all households. Nationally, 33% of all households are
single parented, and 67% of these have a female head of
household. This trend has been supported by a consistently
high U.S. divorce rate of 5 per 1,000 people (highest among all
nations); moreover the Millennial generation is tending more toward single member
parenthood rather than marriage.
Generation X, Millennial families, and professionals are gravitating to urban areas. Desiring
multi-modal transportation options, efficient travel times, and minimal vehicle maintenance
costs, they desire urban hubs connected by rail systems and the opportunity to live, work, and
play centrally. This will likely result in less demand for suburban home ownership.
25
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
Technological Trends
Technologically, the three key trends shaping Virginia Beach's future include the rapid
transformation of household and office functionality, facilitation of revolutionary
communication interactivity, and discovery and manufacture of lifestyle enabling devices.
Functionalitv Trends Shaping Virginia Beach
With personal computer ownership commonplace, information gathering and hyper-
connecting will thrive as routine household, workplace, and recreational necessities employing
ample access capabilities, robust search engines, instantaneous processing
Communication Trends Shapin? Vir?inia Beach
As electronic processing times diminish and devices become more efficient, voice, video and
data traffic will be able to travel seamlessly between individuals, homes, and businesses. Social
networks will accommodate massive content sharing needs.
speed, and device miniaturization. Low cost computer chips will be embedded
within building infrastructure enabling intelligent walls throughout. Clothing,
jewelry, and eyewear will serve dual purposes: fashion and information
gathering. Red laser applications will place knowledge at users' fingertips. As artificial
intelligence becomes more sophisticated and begins improving itself (technology singularity),
stationary and mobile robotics will be able to perform a number of complex humanistic tasks.
Lifestvle Device Trends Shapinig Virginia Beach
To facilitate device miniaturization, tactile functionality will become almost obsolete with voice
recognition augmenting electronic virtual realities and device activation. Where
miniaturization is unimportant, keyboards and mice will be replaced with touch
screens. News will attain real-time status and newspapers, magazines, books,
credit cards, and other disposable commodities will fade in importance.
Nanotechnology will empower the medical profession to observe and repair the
human body utilizing minimally invasive body-bots. Genome scans and DNA testing will
become an ordinary and affordable method for creating pharmacokinetic medicines.
26
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
Environmental Trends
Environmentally, the three key trends shaping Virginia Beach's future include potential
damage to the City's delicate coastal and inland ecosystem, natural resource preservation
efforts, and economic stimulation associated with the City's oceanfront tourism industry.
Ecosvstem Trends Shaping Virginia Beach
While the City's inland waterways and oceanfront are
?treasured amenities, land mass sustains residential,
business, and government activities. As sea levels subtly
:- rise and encroach upon valuable waterfront properties
(possibly 27 cm), long-term strategies will be necessary to minimize the
change in existing wetlands, manage the creation of new ecosystems, mitigate the loss of farm
and homeowner acreage, and maintain beach fronts. Virginia Beach is the second most
threatened American city. Because the magnitude of the sea level problem is global, higher
education will gravitate toward synergistic multi-institutional research and hyper-sharing for
deriving long-term solutions.
Natural Resource Trends Shaping Virginia Beach
As the global population approaches 8 billion people, natural resources will become scarcer. Of
particular concern will be fossil fuels and their impact on the environment.
Along with ecological research, higher education will seek alternative energy
sources and will develop methods for mitigating past emission damage and
future carbon output. Emphasis will be upon halophyte algae biofuels,
methanogen produced methane, Luna Ring solar energy, harnessing
vertical-axis wind turbine power, capturing oceanic kinetic energy, and compressing natural
gas. To support the growing global population and our local community, food production
methodologies (i.e. Community Supported Agriculture) and technological advances (i.e. indoor
vertical farms) will be introduced to maximize greater supply to accommodate future demand
of 70%.
Tourism Trends Shaping Virginia Beach
Virginia Beach's resort area has natural beauty, aesthetically pleasing facilities,
and the lure of recreation; however, at times, capacity issues limit tourism
potential. With limited access, the public and private sectors will seek new (but
similar) venues to attract tourism. The Back Bay and local riverfronts will offer
alternative vacation spots with short commutes to the Oceanfront.
27
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
Economic Trends
Economically, the three key trends shaping Virginia Beach's future include the long-term
effects of short-term military decisions, the local government funding structure, and the
effects of automation upon the local workforce.
Militarv Trends Shaping Virginia Beach
Since 1775, excluding minor altercations, the United States has been involved in 13 wars. On
average, the introduction of war occurred every 17 years, and the longest period of peace
occurred between the Civil War and the Spanish American War (37 years).
These irregular cycles and downsizing periods are endemic; furthermore,
future troop efficiency reductions will be achieved by technological
advances. With a significant reliance upon military installations, cyclical
periods of growth/downsizing will occur, and sustainability will remain a key
economic objective. The economy will continue to thrive on three factors:
military personnel and program spending, a highly sophisticated military
force commanding higher wages, and specialized private sector job creation opportunities.
Government Funding Trends Shaping Virginia Beach
Currently, in the Commonwealth of Virginia, localities are subject to restrictive Dillon Rule
governance. Under the Rule, the Commonwealth must permissively legislate and enable
locality tax levies. Enabling laws have placed a large burden upon property owners; moreover
the Dillon Rule has created taxation inequities. For instance, the largest revenue source for
sustaining core services is the real estate tax. In the future, State legislators will reconsider,
modify, or eliminate the Rule.
Like the military, the local and national economy is cyclical. Contemporaneously, on average, a
recession occurs every ten years, and dependent upon the magnitude, recovers within two to
ten years. Reliant upon local and national economic fervor, government funding will remain
dependent upon private sector activity. Proactively researching and planning for
transportation infrastructure demand, educational trend necessities, and social assistance
programs will create the foundation for cyclically robust periods (when funding will be
available).
Workforce Trends ShapinLr Virginia Beach
While the trend toward increased technology will create
employment, progressive changes will have a negative impact upon
some basic job. Automation, robotics, and artificial intelligence will
curb demand for administrative staffing and other mid-level
occupations.
28
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
APPENDIX
Current Reality
¦ Opportunities
¦ Assets
¦ Challenges
Committee's Process
¦ Process Summary
¦ Presentation Schedule
¦ Visioning Context Map
29
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
APPENDIX
Current Reality- Opportunities/Assests
Over the course of the last year, the Committee heard many presentations and discussed the
implications for the future. The following is a list of items that the Committee identified as
potential opportunities that should be studied, monitored and perhaps incorporated in
strategic planning and policy decisions. Assets also present opportunities for future growth
and development.
Opportunities
• Changing needs of the military
• Tapping talent from military reductions
• Alternative energy and fuels
• Medical and scientific research
• Organic foods and farming
• High speed rail and light rail
• Strategic Growth Areas
• Tourism
• Leverage Non-profits
• Changes in education K-12
Assets
• Natural Environment
• Proximity to port
• Level of volunteerism
• Contemporary leadership
• Uniqueness of the resort
• Level of amateur athletics
• Good neighborhoods
• Tree canopy and open space
• Parks
• Well planned community
• Clean air, water quality, neighborhoods
• Giving community - walks for charity, etc.
• Civic engagement
• Church and religious leadership
• High level of religious affiliation in the community
• Good education system
• Diversity of the community
30
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
• Best Managed City; talented city staff
• Recreation Centers, Libraries, Aquarium
• Safe community
• Regional cultural opportunities
Current Reality - Challenges
These are key issues that will impact our future. These items should be monitored, studied
and possibly addressed through strategic planning and policy development. Key trends will
also significantly impact these challenges
• Lack of economic diversity
• Over reliance on the military and changing needs of the military
• Lack of focus on young adults 20 years of age - attracting and retaining young
professionals; opportunities for jobs, housing and the life style they desire
• Current financial stress on individuals and families
• Health care costs for all citizens
• Housing - affordable housing and aging housing stock
• Aging City infrastructure
• Sustainability for the quality of life we have and desire for the future
• Diversity - our ability to be an inclusive community, open to new people, new ideas,
etc.
• Changing demographics -the aging population and changes in life expectancy;
changing households, multi-generational and single heads of households
• Managing technology - impact on jobs, the workforce, service delivery
• Higher education institutions taking a collaborative approach vs. competitive approach
to education
• Sustainability of revenue resources to fund government services
• Outdated local government funding structure; reliance on real estate
• Dillon Rule
• Inability to fund transportation needs as a region
• Regional competition - we don't think as a region and don't have political influence as a
region.
• Municipal and State legislative agendas are not aligned
• Politics vs. Leadership - short term decisions vs. long term
31
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
APPENDIX
The Committee's Process
January 11, 2011, the Mayor appointed a 13-member citizen visioning group to study and
analyze current trends to determine the future of Virginia Beach in 2040. The Committee
developed their Mission Statement, committed to a meeting schedule, and immediately began
populating trends impacting the City's future.
The Committee's ground work was understanding the forces affecting our community and the
future. The Committee aggressively met bi-monthly over a course of 16 months receiving
presentations by experts and leaders.
Simultaneously, the group conducted several Committee workshops, building a context map
used for launching their visioning process. This work populated the assumptions and trends
that will most impact the City's future.
Meetings were open to the public, but we also held an open forum where we engaged the
community on major trends and issues affecting us over the next 30 years. Throughout this
process, various City departments proved invaluable in assisting the committee with critical
insights, statistics and trending data.
In March 2012, an ambitious writing sub-group began meeting and populated a well thought
out document that respected the work of the entire Committee and that everyone supported.
Meeting/Presentation Schedule
Date Presenter(s) Topic
2/4/11 Barry Frankenfield, SGA Manager Strategic Growth Areas
Strategic Growth Area Office
2/18/11 Dr. Koch, Professor "What's in Store for Our Region and
Old Dominion University Virginia Beach, 2011-2040"
3/4/11 Patti Phillips, Finance Director Finance Financial Update
3/17/11 Susie Walston, Deputy City Manager City Council's Vision 2024, City Council's
Goals 2011, Governance Model and the
City Businesses Areas
4/1/11 Warren Harris, Economic Development Director The business of Economic Development
Cynthia Whitbred-Spanoulis, Economic Development
4/15/11 Warren Harris, Economic Development Director "Jobs, Growth, Employment and Trends"
Jerry Stewart, Economic Development
5/6/11 Dr.lames Merrill, Superintendent Future of Education in Virginia Beach K-12
Dan Edwards, School Board Chairman and Compass to 2015 - a Strategic Plan for
Virginia Beach Public Schools student success
5/20/11 Committee Workshop
32
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
6/3/11 Lt. Col Thomas D. Netzel, Deputy Commander Military - current assets
Joint Expeditionary Base Little Creek-Fort Story
Brian Ballard, AICP, Community Planner Liaison Officer Joint
Expeditionary Base Little Creek-Fort Story
Scott Mohr, Public Affairs Officer
Joint Expeditionary Base Little Creek-Fort Story
Commander Robert Lee Rountree, Jr. (Retired)
NAS Oceana Plans and Policy Department
Craig Quigley, Executive Director of the Hampton Roads
Military and Federal Facilities Alliance
6/17/11 RADM Dick Dunleavy, USN (Retired) Military - future visioning
Military Economic Development Advisory Committee
RADM Phil Olson, USN (Retired)
Military Economic Development Advisory Committee
Dr. Roger Whiteway, Ph. D(SES-6)
Military Economic Development Advisory Committee
Spencer Layne, Joint Expeditionary Base Little Creek-Fort Story
7/8/11 Cindy Curtis, Parks and Recreation Director Participation and utilization trends,
Mary Cole, Recreation Virginia Beach Outdoors Plan, Bikeways
Brian Solis, Planning, Design and Development and Trails Plan, Urban Forest
Wayne Wilcox, Planning, Design and Development Management Plan and Urban Tree
Frank Fentress, Landscape Management Canopy Analysis
Steve Wright, Administration
7/22/11 John W. Martin, CEO Communities of the Future: Major
Southern Institute of Research and the Boomer Project Trends and Key Drivers Shaping How
Public Forum and Where We will Live, Play and Work
8/5/11 Lynn Clements, Virginia Aquarium Director Arts, Culture and Historic Preservation
Emily Labow, Office of Cultural Affairs Director
Mark Reed, Historic Resources Coordinator
8/19/11 Jeryl Phillips, Comprehensive Planning Coordinator "It's Our Future" 2009 Comprehensive
Andrew Friedman, Housing & Neighborhood Preservation Plan; "The Future of Housing and
Director, Neighborhood Preservation"
Bill Dore, Housing and Neighborhood Preservation
9/2/11 Aubrey Layne, Commonwealth Transportation Board Transportation
Dwight Farmer, Executive Director
Hampton Road Transportation Planning Organization
Mark Schnaufer, Transportation Planning Coordinator City of
Virginia Beach
9/16/11 Committee Workshop
9/20/11 Progress report briefing to City Council
9/23/11 Jim Ricketts, Convention and Visitors Bureau Director Tourism
AI Hutchinson, Convention and Visitors Bureau
10/7/11 Committee Workshop
10/21/11 Clay Bernick, Environment and Sustainability Environment and Sustainability
11/4/11 James K. Spore, City Manager Governance; Challenges for the Future
11/17/11 Dr. Gary Yates, MD Technology and Medical Trends
Senior Vice President and Chief Medical Officer, Sentara
33
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
12/2/11 Marcy Sims, Virginia Beach Libraries Virginia Beach Public Libraries
Kevin Carobine, Virginia Beach Libraries Early Childhood Development
Riley Kehoe, Grow Smart, Economic Development
Jerry Stewart, Economic Development
Lisa Howard, Smart Beginnings South Hampton Roads
12/16/11 Dr. Tony Atwater, President, Norfolk State University Higher Education
Dr. Sandra J. DeLoatch, Interim Provost & Vice President for University Research and Development
Academic Affairs, Norfolk State University
Harry Lester, President, Eastern Virginia Medical School
David Harnage, COO, Old Dominion University
Renee Olander, Assistant Vice President, Regional Higher
Education Centers, Old Dominion University
Dr. Deborah DiCroce, President, TCC
Dr. Michael Summers, Provost Va. Beach Campus, TCC
1/6/12 Robert Morin, Human Services Director Human Services
Kathleen Drumwright, Deputy Director
Randall Thompson, Central Administration Director
1/20/12 David Trimmer, Agriculture Director Rural and Agriculture
Dr. Terance Rephann, Weldon Cooper Center, UVA
January - March 2012
Committee Workshops developing report
March - May 2012
Writing Sub-group drafted a document that respected the work of the entire Committee.
May 2012
Document finalized by Committee and presented to City Council
34
ENVISION VIRGINIA BEACH 2040 COMMITTEE REPORT
Visioning Context Map
Diverse
Community
6Learm.ing?
(Unique
vironment
Commumty ?.rCrjL,
J??V
Connected ? The Most Livable '
`
Community ., Coastal Community
in the world....... _
Active
Lifestyle
Thriving
Economy
Vision Into Action VI
ES Transportation
RT?N Early Childhood Education
?QPD Regionalism
ASSETS
cyq4Z6A,jqfs
¦ The Vision must be setup, natured, and generationally sustainable
¦ This Vision's structure will drive: Strategic Planning, Action Plans, Policies, Marketing,
and Decision-Making for Council, Government, Citizens, Educational Institutions,
Businesses, Military, Non-Profits, Neighborhoods
¦ Citizens should be able to find "themselves" in the Vision and take responsibly for
"their" Vision realization.
¦ It will take courage and commitment to execute and must supersede politics
35
-29-
Itenz -VI-I.4
ORDINANCES/RESOLUTIONS ITEM #61937
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT Resolution OPPOSING the tYlining of Uranium in the Commonwealth of Virginia
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council MembePS Absent.•
None
June 12, 2012
1 A RESOLUTION REAFFIRMING THE CITY OF
2 VIRGINIA BEACH'S OPPOSITION TO THE MINING
3 OF URANIUM IN THE COMMONWEALTH OF
4 VIRGINIA
5
6
7 WHEREAS, in December 2008, the Council of the City of Virginia Beach adopted
8 a Resolution stating its opposition to uranium mining in Virginia and to lifting the existing
9 legislative moratorium on uranium mining unless it could be demonstrated, to a
10 reasonable degree of certainty, that there would be no significant release of radioactive
11 sediments downstream of the site under any circumstances; and
12
13 WHEREAS, in the three and one-half years since the adoption of that Resolution,
14 there have been a number of studies relating to uranium mining in Virginia, several of
15 which have dealt specifically with the proposed Virginia Uranium, Inc. mine and milling
16 facility at Coles Hill in Pittsylvania County, upstream of the John H. Kerr Reservoir and
17 Lake Gaston; and
18
19 WHEREAS, finro of the studies consisted of economic assessments of the
20 proposed Coles Hill project, and both such studies found that one large, or several
21 small, accidents or releases would significantly reverse the economic benefit of the
22 project, even if no serious harm to people or the environment occurred; and
23
24 WHEREAS, at the request of the Virginia Coal and Energy Commission, the
25 National Academies of Sciences (NAS) has completed a study entitled "Uranium Mining
26 in Virginia: Scientific, Technical, Environmental, Human Health and Safety, and
27 Regulatory Aspects of Uranium Mining and Processing in Virginia" (the "NAS Study"),
28 the purpose of which was to address a series of detailed questions about uranium
29 mining, processing, and reclamation in order to assist the Commonwealth of Virginia in
30 making decisions concerning the proposed uranium mining project; and
31
32 WHEREAS, the NAS study indicates that: (1) disposal cells in which radioactive
33 tailings are stored represent significant long-term risks for radiological and other
34 contamination; (2) limited data exist to confirm the long-term effectiveness of uranium
35 tailings disposal cells; and (3) extreme natural events combined with human error have
36 the potential to result in the release of contaminants if disposal cells are not designed,
37 constructed or maintained properly, or if such cells fail to perform as envisioned; and
38
39 WHEREAS, the NAS study concluded that the Commonwealth of Virginia has no
40 experience with uranium mining, that the federal government has little or no experience
41 applying existing laws and regulations to states with wet climates and extreme
42 precipitation events, and that "there are gaps in legal and regu/atory coverage for
43 activities involved in uranium mining, processing, reclamation, and long-term
44 stewardship ...[and] ... steep hurdles to be surmounted before mining and/or
45 processing could be established within a regu/atory environment that is appropriately
46 protective of the health and safety of workers, the public, and the environment"; and
47
48 WHEREAS, Michael Baker Engineers and the National Center for Computational
49 Hydroscience and Engineering, under contract to the City of Virginia Beach, have
50 completed a study (the "Michael Baker Study") of the downstream water quality impacts
51 that would occur from a hypothetical, catastrophic breach of a single, above-grade
52 uranium mine tailings disposal cell located near Coles Hill; and
53
54 WHEREAS, it is acknowledged that if all of the tailings are secured in properly
55 designed, constructed, and maintained below-grade disposal cells, the likelihood of a
56 major release of tailings to surface water is significantly reduced; and
57
58 WHEREAS, although existing regulations indicate that below-grade disposal of
59 uranium tailings is preferable to above-grade disposal, exceptions have been made for
60 environmental reasons, such as conflict with groundwater conditions, or for reasons of
61 economic feasibility, both of which may exist at the Coles Hill site or at heretofore
62 undiscovered uranium mining sites; and
63
64 WHEREAS, the NAS Study specifically dismissed the notion that below-grade
65 disposal of tailings would automatically be required, noting that the first mine and mill
66 permit to be issued in more than three decades allowed partially above-grade disposal
67 cells, notwithstanding the fact that the safest and most environmentally sound solution
68 was below-grade disposal; and
69
70 WHEREAS, the Michael Baker Study indicates that in the aftermath of an
71 assumed catastrophe, radioactivity in the main body of Lake Gaston would remain
72 above state and federal regulatory levels for up to two months during wet years and six
73 to sixteen months during dry years; and
74
75 WHEREAS, for a number of legal, regulatory, political, institutional and technical
76 reasons, it is highly likely that a major release of tailings downstream from the Coles Hill
77 site would force the City of Virginia Beach to discontinue pumping of the Lake Gaston
78 Water Supply Project, at least until contaminant levels had dropped well below state and
79 federal regulatory levels; and
80
2
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
WHEREAS, during droughts, the Lake Gaston Project provides up to one-third of
the water in the Norfolk, Virginia Beach and Chesapeake water systems, and the loss of
the Lake Gaston project for an extended period of time could result in water shortages
far greater than those occurring in the 1980-81 drought; and
WHEREAS, a release of radioactive tailings such as that modeled in the Michael
Baker Study would have devastating adverse economic and other effects upon the City
of Virginia Beach, the Hampton Roads Region, and the localities near to and
downstream of the Coles Hill site; and
WHEREAS, operations vital to maintaining the nation's defense readiness at the
various military installations located in Hampton Roads could be adversely impacted by
water shortages that could result from a significant release of tailings, especially during a
dry period; and
WHEREAS, even a release of radioactive tailings of lesser proportions than the
worst case scenario modeled in the Michael Baker Study would result in serious
economic impacts to those areas even after radioactivity levels declined to levels within
legal limits because of the inevitability of negative public perceptions and the resultant
damage to the regions' images and reputations as attractive business and vacation
destinations; and
WHEREAS, it is absolutely clear, based upon the National Academy of Sciences
and other studies, that it cannot be demonstrated to a reasonable degree of certainty
that there would be no significant release of radioactive sediments downstream of the
Coles Hill site under any circumstances, and therefore that the criteria in the Resolution
adopted by City Council in December 2008 have clearly not been satisfied; and
WHEREAS, while the probability of a major tailings release is small, the adverse
consequences of such a release would be enormous and unacceptable;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council of the City of Virginia Beach hereby reaffirms its opposition
to uranium mining in Virginia, including the proposed Virginia Uranium, Inc. project at
Coles Hill, and to the elimination of the existing legislative moratorium on uranium
mining in Virginia.
3
120 The City Clerk is hereby directed to transmit a certified copy of this Resolution to
121 each member of the City's Congressional and General Assembly Delegations.
122
Adopted by the City Council of the City of Virginia Beach on the 12 tctay of
,Tune , 2012.
CA-12301
June 6, 2012
R-1
APPROVED AS TO CONTENT
"a) m
Department of Public Utilities
APPROVED AS TO LEGAL SUFFICIENCY:
4
? •
R.
City Attorney's Office
?
? >
'U .
2
??S ?F OUR NAt???? ? Policy Report
Uranium Mining in Virginia
Background: In December 2008, City Council enacted a resolution stating that unless it
could be demonstrated to a reasonable degree of scientific certainty that there would be no
significant release of radioactive sediments downstream under any circumstances, including,
but not limited to, a direct hit on the mining facilities by a Probable Maximum Precipitation
(PMP) storm event, the City of Virginia Beach was opposed to 1) uranium mining in Virginia,
2) the elimination of the existing legislative moratorium on uranium mining, and 3) any
attempt to develop a regulatory framework for uranium mining. Although the General
Assembly has not considered any legislation that would alter the existing moratorium on
uranium mining, the Governor has appointed a taskforce to develop the regulatory framework
for uranium mining with instructions that they complete that work by 2013.
In the three and one-half years since City Council's resolution, there have been a number of
studies relating to uranium mining in Virginia, several of which dealt specifically with the
proposed Virginia Uranium Inc. mine and milling facility at Coles Hill, upstream of the John H.
Kerr Reservoir and Lake Gaston. Four studies of particular relevance are:
• The Socioeconomic Impact of Uranium Mining and Milling - Chmura, November 2011
• Proposed Coles Hill Uranium Mine and Mill - RTI, International, March 2012
• Uranium Mining tn Virginia - National Academies of Sciences (NAS), December 2011
• Potential Impacts of Uranium Mining in Virginia on Drinking Water Sources - Michael
Baker Engineers (under contract to Virginia Beach), February 2012 (Phase II)
Considerations: The two economic studies indicate that if the Coles Hill mine and mill were
to go forward as currently proposed by Virginia Uranium, the net economic impact in and
around Pittsylvania County would be about $150 million per year and 1,000 jobs (direct and
indirect) for 20 to 35 years. They also indicate that even if the project is compliant with all
environmental regulations, there will be moderate and measurable air, water and soil
contamination and impacts close to the facility. Finally, they conclude that one large, or
several small accidents/spills would significantly reverse the economic benefit even if no
serious harm to people or the environment occurred
The National Academies of Sciences (NAS) Study: This study was commissioned by the
Virginia Coal and Energy Commission, a legislative commission of the General Assembly, for
the purpose of informing the Commonwealth of Virginia with respect to uranium mining in this
state. The NAS study confirmed that there are significant deposits of uranium in the Blue
1of5
Ridge/Piedmont provinces, although the Coles Hill site is the only economically viable site
that has been discovered to date. The study recognized that Virginia experiences extreme
and unpredictable natural events, including catastrophic precipitation events, earthquakes,
tornadoes, and debris flows which must be considered with respect to determining if any
particular site is appropriate for uranium mining.
The NAS study indicated that uranium mining in Virginia has the potential to significantly
impact air quality, surface and ground water quality, and the environment. The near and
medium-term impacts may be substantially reduced if world-wide best practices are
rigorously and sustainably adhered to with respect to the regulatory framework, the design,
construction, and operation of the facilities, and monitoring and enforcement.
The study indicated that tailings disposal cells represented significant long-term risks for
radiological and other contamination: "Although significant improvements have been made in
recent years to tailings management practices to isolate mine waste from the environment,
limited data exist to confirm the long-term effectiveness of uranium tailings management
facilities ... Significant potential environmental risks are associated with extreme natural
events and failures in management practices. Extreme natural events ... have the potential
to lead fo the release of contaminants if facilities are not designed and constructed to
withstand such an event, or fail to perform as designed." NAS study at page 145.
The NAS study discussed the City's computer model of a hypothetical, above-grade tailings
disposal cell failure at Coles Hill, as well as the primary criticism of the City's model that the
tailings would be disposed of below grade, thereby eliminating the possibility of large-scale
release downstream. However, the NAS study specifically dismissed this argument noting
that Colorado recently licensed a uranium mine and mill with partially above-grade disposal
cells, even though below-grade disposal was the best option.
The study concluded that "there are gaps in legal and regulatory coverage for activities
involved in uranium mining, processing, reclamation, and long-term stewardship." NAS study
at page 179. It also concluded that Virginia has no experience with uranium mining, and that
the federal government has little or no experience applying existing laws and regulations to
states with wet climates and extreme precipitation events. The study noted that Colorado
and Canada have developed rigorous and sustainable uranium mining and milling regulatory
programs based upon world-wide best practices. These programs stress fully empowered
and funded agencies with strong data-gathering, inspection and enforcement powers.
The NAS study was silent on whether Virginia should, or should not lift the existing
moratorium on uranium mining, but it did provide a single overarching conclusion: "If the
Commonwealth of Virginia rescinds the existing moratorium on uranium mining, there are
steep hurdles to be surmounted before mining and/or processing could be established within
a regulatory environment that is appropriately protective of the health and safety of workers,
the public, and the environment. There is only limited experience with modern underground
and open pit uranium mining and processing practices in the wider United States, and no
such experience in Virginia. At the same time, there exist internationally accepted best
practices, founded on principles of openness transparency, and public involvement in
oversiqht and decision-makin.q, that could provide a starting point for the Commonwealth of
Virginia were it to decide that the moratorium should be lifted. After extensive scientific and
technical briefings, substantial public input, reviewing numerous documents, and extensive
2of5
deliberations, the committee is convinced that the adoption and riqorous implementation of
such practices would be necessarv if uranium mining, processing, and reclamation were to
be undertaken in the Commonwealth of Virginia." NAS study at page 223, emphasis added.
The Virqinia Beach/Michael Baker Studv: The City's study is a computer simulation of
downstream water quality impacts from a hypothetical, catastrophic breach of a single, above
grade, uranium mine tailings disposal cell. It was prepared by Michael Baker Engineers and
the National Center for Computational Hydroscience and Engineering. The model does not
simulate how or why a disposal cell might fail - it simulates the outcome if one did as a result
of a catastrophic precipitation event. It is a worst case simulation for a single, above grade
cell failure in the Banister River watershed. It is a very unlikely event that technology and
regulations should prevent.
VUI and its consultants have questioned certain aspects of the City's study. The only
question with any merit is the argument that the tailings will be stored below grade. The
computer simulation is based upon the breach of an above-grade disposal cell. The threat to
surface water would be dramatically reduced if the tailings were stored below grade.
However, the NAS study specifically dismissed the automatic presumption of below-grade
disposal noting that the first mine and mill licensed in more than three decades allowed
partially above-grade disposal cells, even though the best solution was below-grade disposal.
The original Marline-Union Carbide engineering study of the Coles Hill site in 1983 ruled out
below-grade disposal because of groundwater conditions. There have been no groundwater
studies to support the feasibility of below-grade disposal, and presentations made to the NAS
by the USGS indicated that groundwater in the region was shallow and mobile, although data
was limited. VUI is not bound by any plan or statement of intentions in existence today.
Mining economics, the price of uranium, and what regulations allow at the time of application
will dictate the mining and tailings disposal methods ultimately pursued. It is important to
note that VUI's own consultant put the likelihood of below-grade disposal at only 50%.
The Phase II results are similar in scope to the Phase I results, although far more detailed
with respect to the theoretical contamination of Kerr Reservoir and Lake Gaston, following an
assumed catastrophe. Ten to finrenty percent of the radioactivity would remain in the water
column and flow downstream, passing through Kerr and Gaston. Eighty to ninety percent
would settle in the river and reservoirs, mostly in the Banister River. Of the three
contaminants modeled, uranium, thorium, and radium, the latter has the most impact in the
water column in terms of compliance with the Safe Drinking Water Act (SDWA) and Clean
Water Act (CWA). Radioactivity in the sediments is a more significant and longer-term
environmental problem than in the water column.
The computer simulation indicates that in the aftermath of an assumed catastrophe, radium
radioactivity in the main body of Lake Gaston would remain above the SDWA and CWA
levels for up to two months during wet years and six to sixteen months during dry years. See
attached graph. In the absence of flood control operations, tributaries and coves in both
reservoirs would not experience the contamination that would occur in the main body of the
two reservoirs. However, flood control operations in Kerr Reservoir would cause
contamination to intrude into some of its tributaries and coves. This would not happen in
Lake Gaston because Lake Gaston is not operated for flood control.
3 of 5
In contrast to the other water supply intakes in Kerr Reservoir and Lake Gaston, the Virginia
Beach and Chesapeake intake is located in Pea Hill Creek, the largest tributary of Lake
Gaston. Under normal conditions, there is a small net flow of water from Pea Hill Creek to
the main body of Lake Gaston. However, operation of the Gaston pump station reverses the
normal flow of Pea Hill Creek and pulls water from the main body of Lake Gaston into the
tributary. At normal operation, the pump station will pull about 5,000 acre-feet of water per
month from the main body of the lake into Pea Hill Creek. The volume of water between the
intake and the main body of the lake is about 15,000 acre-feet, so it would take about three
months for water from the main body of the lake to reach the intake.
Most water treatment plants are capable of removing 50-90% of the three radiological
contaminants in the City's study. However, this may be a moot issue. Significant resistance
to drawing radioactive contaminants into Pea Hill Creek would be expected from the adjacent
homeowners and jurisdictions, if not North Carolina. Also, the pipeline discharges into a
waterway and lake in Isle of Wight and Suffolk. Adjacent property owners, and perhaps Isle
of Wight and Suffolk, would also be expected to object. The City does not have any state
and federal permits required by the Clean Water Act to discharge radioactive pollutants into
these waterways. Furthermore, it is not clear that the citizens of Chesapeake, NorFolk, or
Virginia Beach - or their respective City Councils - would support co-mingling contaminated
water with the regional water supplies, even if the directors of utilities recommended it.
For these reasons, it is assumed that the response to a catastrophic release of tailings would
be to discontinue operation of the Lake Gaston project until the contamination dropped well
below state and federal regulatory levels.
Alternatives: The alternatives are to leave the existing moratorium in place, rescind it, or
update and reaffirm it.
Recommendations: The Coles Hill project would have significant benefits to the local
economy unless there was one big accident or several small ones. Uranium mining in
Virginia could possibly be done safely but the necessary regulatory framework is not in place
today and there are "steep hurdles" to overcome before it would be. Although unlikely,
extreme natural events combined with human errors could result in a significant tailings
release from above grade tailing disposal cells and this would require the Gaston pipeline to
shut down for a period of months to more than one year. The latter could cause water
shortages in southside Hampton Roads far greater than what occurred in the 1980-81
drought.
Although the Nuclear Regulatory Commission will be the regulator of tailings disposal, federal
regulators give great weight to the hosting state in all aspects of the regulatory process.
Historically, Virginia has not had the regulatory philosophy identified by the NAS as being
critical to safely mine uranium in Virginia. It is a valid question to ask if it ever would. While
the probability of a major tailings release is small, the consequences are great.
It is recommended that City Council reaffirm its opposition to uranium mining and to the lifting
of the exiting legislative moratorium on uranium mining.
4 of 5
?
Prepared By. . J OW44,? " x
Director of Public Utilities
Reviewed By: M??
Deputy CitylVlanager
Approved B . -) IL-_
ity M nager
6 -G -1Z
Date
Date
cA •"<<a
Date
b ?
Date
5 of 5
Water Column Radium Concentration (G-Main07)
1000
100
.]
U
a
0
.?
o 10
L
C
u
u
G
O
U ?
£
0
?
m
?
0.1
0.01
0 100 200 300 400 500
Days
Water Column Radioactivity (G-Main07)
1000
600 701
? 100
?
v
a
L
? 10
?
?
i,
V
R
O
:$
?
?
0.1
0.01
0 100 200 300 400 500
Days
Water Column Uranium Concentration (G-Main07)
iooo
a 100
?
?
C
O
?y ] u
L
C
u
u
C
0
U i
S
0
.?
?
L
?
0.1
0.01
600 701
0 100 200 300 400 500 600 701
-30-
Iteni -VI-I.5
ORDINANCES/RESOL UTIONS ITEM #61938
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement between the City
and the Virginia Aquarium and Marine Science Center Foundation, Inc. re documenting the beneficial
relationship and clarifying responsibilities of both parties
Tloting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 12, 2012
SUMMARY OF TERMS
Agreement Between the City of Virginia Beach and The Virginia Aquarium and Marine Science
Center Foundation, Inc. ("Agreement")
Parties: City of Virginia Beach ("City")
Virginia Aquarium and Marine Science Center Foundation, Inc. ("Foundation")
Purpose: To memorialize the rights and responsibilities of each party
Term: Agreement commences in May 2012 and continues until May 2017; absent termination,
after expiration of initial term, Agreement automatically renews for five year terms
City's Responsibilities:
• Owner and operator of buildings, grounds, and facilities known as Virginia Aquarium
& Marine Science Center ("Aquarium").
• Operate and maintain the Aquarium.
• Repair Aquarium building.
• Pay for routine maintenance and repair of Aquarium exhibits up to $2,500/single
repair.
• May engage in joint promotional efforts with Foundation.
• Provide Foundation with office space and supplies in Aquarium building.
• Provide insurance coverage for: (1) liability arising from, and physical damage to,
exhibits owned by Foundation; (2) liability arising from ownership or use of motor
vehicles, watercraft, and trailers owned by Foundation; and (3) loss, injury or death
of live animals, to extent cumulative value of loss exceeds $10,000.
• Operate and maintain Aquarium stores and admission facilities.
• Sell admission tickets and IMAX tickets.
Foundation's Responsibilities:
• Own all animals and permanent exhibits.
• Pay for repair and maintenance to exhibits to extent cost exceeds $2,500.
• Fund upgrading of exhibits, acquisition of new animals, and new exhibits.
• Provide insurance coverage for poucette research vessel.
• Acquire, maintain, repair, replace and fuel Foundation-owned motor vehicle,
watercraft, and trailers.
• Perform maintenance on Foundation-owned motor vehicle, watercraft, and trailers.
• Provide quarterly documentation to City confirming required maintenance.
• Pay City 25% of gross revenues received by Foundation from use of Aquarium for
private functions.
• Operate restaurant for provision of food service in Aquarium through subcontract
with Sodexo or other operator acceptable to City Manager.
• Operate Aquarium Stranding Program.
Other Terms:
• Modification: Agreement may only be modified by writing, executed by both parties.
-31-
Itenz -VI-I.6a/b1c
ORDINANCES/RESOLUTIONS ITEM #61939
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT Resolutions re VRS Contributions to provide:
a. Certification re member contributions by salary reduction
b. City Council 's Certification of its Employer Contribution Rate
c. Ciry Council's concurrence with the Scliool Board's Election of a
Board-Certified Rate
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, YVilliam R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
June 12, 2012
1 A RESOLUTION PROVIDING CERTIFICATION TO THE
2 VIRGINIA RETIREMENT SYSTEM REGARDING MEMBER
3 CONTRIBUTIONS BY SALARY REDUCTION
4
5 WHEREAS, the City of Virginia Beach (VRS #55234) (the "City") employees who
6 are Virginia Retirement System members who commence or recommence employment
7 on or after July 1, 2012 ("FY2013 Employees" for purposes of this resolution), shall be
8 required to contribute five percent of their creditable compensation by salary reduction
9 pursuant to Internal Revenue Code § 414(h) on a pre-tax basis upon commencing or
10 recommencing employment; and
11
12 WHEREAS, the City employees who are Virginia Retirement System members
13 and in service on June 30, 2012, shall be required to contribute five percent of their
14 creditable compensation by salary reduction pursuant to Internal Revenue Code §
15 414(h) on a pre-tax basis no later than July 1, 2016; and
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
WHEREAS, such employees in service on June 30, 2012, shall contribute a
minimum of an additional one percent of their creditable compensation beginning on
each July 1 of 2012, 2013, 2014, 2015, and 2016, or until the employees' contributions
equal five percent of creditable compensation; and
WHEREAS, the City may elect to require such employees in service on June 30,
2012, to contribute more than an additional one percent each year, in whole
percentages, until the employees' contributions equal five percent of creditable
compensation; and
WHEREAS, the second enactment clause of Chapter 822 of the 2012 Acts of
Assembly (SB497) requires an increase in total creditable compensation, effective July
1, 2012, to each such employee in service on June 30, 2012, to offset the cost of the
member contributions, such increase in total creditable compensation to be equal to the
difference befinreen five percent of the employee's total creditable compensation and the
percentage of the member contribution paid by such employee on January 1, 2012.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
The City of Virginia Beach (VRS #55234) does hereby does hereby certify to the
Virginia Retirement System Board of Trustees that it shall effect the implementation of
the member contribution requirements of Chapter 822 of the 2012 Acts of Assembly
(SB497) according to the following schedule for the fiscal year beginning July 1, 2012
(i.e., FY2013):
Type of
Employee Employer Paid
Member Contribution Employee Paid
Member
Contribution
Plan 1 4 % 1 %
PIan2 0% 5%
FY2013 Emplo ees 0% 5%
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
BE IT FURTHER RESOLVED, that such contributions ("Employer Paid Member
Contribution" in the chart, supra), although designated as member contributions, are to
be made by the City in lieu of inember contributions; and
BE IT FURTHER RESOLVED, that pick up member contributions shall be paid
from the same source of funds as used in paying the wages to affected employees; and
BE IT FURTHER RESOLVED, that member contributions made by the City
under the pick up arrangement shall be treated for all purposes other than income
taxation, including but not limited to VRS benefits, in the same manner and to the same
extent as member contributions made prior to the pick up arrangement; and
BE IT FURTHER RESOLVED, that nothing herein shall be construed so as to
permit or extend an option to VRS members to receive pick up contributions made by
the City directly instead of having them paid to VRS; and
BE IT FURTHER RESOLVED, that notwithstanding any contractual or other
provisions, the wages of each member of VRS who is an employee of the City shall be
reduced by the amount of inember contributions picked up by the City on behalf of such
employee pursuant to the forgoing resolutions.
NOW, THEREFORE, the City Manager or designee is hereby authorized and
directed to carry out the provisions of this resolution, and the City Manager or designee
is authorized and directed to pay over to the Treasurer of Virginia from time to time such
sums as are due and to be paid by the City for this purpose.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
of ,Tune , 2012.
APPROVED AS TO CONTENT
inance
APPROVED AS TO LEGAL SUFFICIENCY:
y s ffice
-C4 ?-
CA12292
R-1
May 30, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
A RESOLUTION PROVIDING THE CITY COUNCIL'S
CERTIFICATION OF ITS EMPLOYER CONTRIBUTION
RATE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
The City of Virginia Beach (VRS #55234) does hereby acknowledge that its contribution
rates effective July 1, 2012 shall be based on the higher of a) the contribution rate in
effect for FY 2012, or b) seventy percent of the results of the June 30, 2011 actuarial
valuation of assets and liabilities as approved by the Virginia Retirement System Board
of Trustees for the 2012-14 biennium (the "Alternate Rate") provided that, at its option,
the contribution rate may be based on the employer contribution rates certified by the
Virginia Retirement System Board of Trustees pursuant to Virginia Code § 51.1-145(I)
resulting from the June 30, 2011 actuarial value of assets and liabilities (the "Certified
Rate"); and
BE IT ALSO RESOLVED, THAT
The City of Virginia Beach does hereby certify to the Virginia Retirement System Board
of Trustees that it elects to pay the following contribution rate effective July 1, 2012:
15.68%
BE IT ALSO RESOLVED, THAT:
The City of Virginia Beach does hereby certify to the Virginia Retirement System Board
of Trustees that it has reviewed and understands the information provided by the
Virginia Retirement System outlining the potential future fiscal implications of any
election made under the provisions of this resolution; and
NOW, THEREFORE, the City Manager or designee is hereby authorized and
directed to carry out the provisions of this resolution, and the City Manager or designee
is authorized and directed to pay over to the Treasurer of Virginia from time to time such
sums as are due and to be paid by the City for this purpose.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
of June , 2012.
APPROVED AS TO CONTENT
Qlu il ,
Finance
APPROVED AS TO LEGAL SUFFICIENCY:
/0
-C'rt or e
CA12297 / R-1 / May 30, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
A RESOLUTION PROVIDING THE CITY COUNCIL'S
CONCURRENCE WITH THE SCHOOL BOARD'S
ELECTION OF VRS BOARD-CERTIFIED RATE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
The City of Virginia Beach (VRS #55234) does hereby acknowledge that the School
Board of the Virginia Beach City Public Schools has made the election for its
contribution rate to be based on the employer contribution rate certified by the Virginia
Retirement System Board of Trustees pursuant to Virginia Code § 51.1-145(I) resulting
from the June 30, 2011 actuarial value of assets and liabilities(the "Certified Rate"); and
affirms its intent to have Plan 1 employees contribute one percent of their compensation
by salary reduction to VRS with the City providing a one percent increase in total
compensation; and
BE IT ALSO RESOLVED, THAT:
The City of Virginia Beach does hereby certify to the Virginia Retirement System Board
of Trustees that it concurs with the election of the School Board of the Virginia Beach
City Public Schools to pay the Certified Rate, as required by Item 468(H) of the 2012
Appropriation Act; and
NOW, THEREFORE, the City Manager or designee is hereby authorized and
directed to execute any required contract to carry out the provisions of this resolution.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
of June , 2012.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Finance
CA12298
R-1
May 30, 2012
Virginia
Retirement
System
Upcoming Changes to VRS Contribution Rates Webinar Questions 5/2/12
Presentation
1. After the presentation, will you email the PowerPoint that was shared?
The Upcoming Changes to VRS Contribution Rates webinar was recorded and is currently available
on the VRS website. This Q&A document that includes questions from the webinar is also posted on
the website as a.pdf file.
2. Will you provide a link to the 2011-12 and 2012-13 VRS Board Certified Rates on the Q& A
document?
Employer contribution rates are specific to individual employers and are included in the resolution
packet that was mailed to your Primary Administrative Authority on Wednesday, May 2. If you have
questions about your rates, contact your employer representative.
http://www.varetire.org/Em ploVers/Suqport/Em plover-Representative-Team.asp
3. Do you have an information sheet for employees explaining why they will be paying the 5% cont.
rate and the salary increase?
This information is included in the resolution packet that was mailed to your Primary Administrative
Authority on Wednesday, May 2. In addition, Senate Bill 497 addressed the payment of inember
contributions.
Resolution Packets
4. Have the resolution packets been mailed yet? Who are the packets addressed to?
Resolution packets were mailed out on Wednesday, May 2 and addressed to the Primary
Administrative Authority.
5. If your agency did not get a link to the rates spreadsheet by email, how do you get it?
Emails were sent on April 16 with information regarding employer contribution rates. If you have
not received an email, you may contact your Employer Representative for information. The
resolution packet with your agency's customized choices was mailed on May 2.
6. Do the new rates include Group Life Insurance and Health Insurance Credit?
Q&A Contribution Rates Webinar 5/2/2012
The resolution packets will contain the new group life rate and the health insurance credit if
applicable.
7. Since July 1st is a Sunday, do we have until July 2nd to get the resolution passed?
No. All resolutions must be passed by July 1, so you will need to plan ahead to ensure it is passed by
your governing body or bodies in time to accommodate this legislatively required deadline.
8. The requirement is that the resolution must be approved by July 1, 2012. What if my governing
body does not approve it?
Every employer is required to pay contributions to VRS. If the budget were based on the VRS Board
certified rates they can choose that rate. The default rate is the higher of the current (FY 2012)
Board certified rates or 70% of the FY 2013 Board certified rates. Opting for the FY 2013 Board
certified rate requires an election by your governing body. All governing bodies are required by the
Appropriation Act language to certify via a resolution that they have reviewed and understand the
information provided by VRS on the potential future fiscal implications of electing or not electing to
use the FY 2013 Board certified rates.
9. The approvals are required by the school board for schools, local governing body for localities, but
what about other non-state employers?
All non-state VRS employers must decide on the member contribution and the employer
contribution by no later than July 1, 2012.
10. Would we need two resolutions: one designating the employer contribution rate and one
designating the member contribution rate?
Yes; that is correct.
11. Will we need to prepare two separate resolutions for 10 month and 12 month employees?
No; your 12 month employees will pay the selected rate beginning in July. Your 10 month employees
would begin paying that same rate in September.
12. Is the resolution only needed for the non-professional group, and a school division is not required
to have the Board of supervisors approve the resolution, because the school board is the
governing body?
The school board must also have the concurrence of the locality's governing body if it opts for the FY
2013 Board certified contribution rates for its non-professional employees. If selecting the Board
Certified rate, both the school board and the governing body must sign.
13. Are both the school board and the board of supervisors or city council required to sign the
resolution if we use the alternate rate?
Q&A Contribution Rates Webinar 5/2/2012
No; the school board and the board of supervisors are only required to sign the resolution if the VRS
Board certified rate (FY 2013 rate) is selected.
14. Would a resolution be required for the School Division if the alternate rate is selected?
The school division must make a decision about member contributions for both the teacher and
non-professional employer codes. The school division must make a decision regarding the employer
contribution rate for the non-professional employer code as well. The concurrence of the locality's
governing body is only required if the school board chooses to pay the FY 2013 VRS Board certified
employer contribution rates for its non-professional employees. No concurrence from the locality's
governing body is required for the school board's decisions related to how they are going to
implement the member contributions and salary increases required by SB497 (Chapter 822 of the
2012 Acts of Assembly).
15. If we signed a resolution last year that stated we would pay the employees' contribution, is that
now null & void?
Your current resolution is not null and void, but you will have to reverse that decision by at least 1%
this July. The bill requires all members to pay at least 1% beginning July 1, 2012, and to be paying
the entire 5% by July 1, 2016.
16. Would we need to rescind our existing VRS resolution from July 2011 if we required VRS Plan 2
employees to begin paying 1% on 7/1/11 and now plan to require ALL employees (VRS Plans 1&
2) to pay 5% effective 7/1/12?
Signing a new resolution that requires employees to pay the full 5% would override the prior
resolution in existence.
17. Is it too late for VRS to set a default for each resolution so that based on the employer's choice,
the employer may not have to do a resolution at all?
There is no way to set a default so that an employer will not have to do a resolution. The language
in the Appropriation Act requires all employers to pass a resolution certifying that they have
reviewed and understand the information provided by VRS outlining the potential future fiscal
implications of electing or not electing to utilize the employer contribution rates certified by the VRS
Board (FY 2013 certified rates). So even if an employer does not opt for the Board certified rate, it
must still pass a resolution.
18. At what point will each individual school division receive the long-term effect of the choice as
stated in the legislation?
The intent of the budget bill is to offer localities and schools some budget relief for the coming fiscal
year with respect to the amount of their retirement contributions. However, the budget bill does
not change the Board-certified rate or the Annual Required Contribution (ARC). Therefore, if you are
considering paying less than the certified rate for 2012-2014, please be aware that using an optional
rate will:
Q&A Contribution Rates Webinar 5/2/2012
• Reduce contributions to your employer account and the investment earnings they would have
generated, which will mean there will be fewer assets available for benefits.
• Result in a lower funded ratio when the next Actuarial Valuation is performed and, thus, a
higher calculated rate at that time.
• Require that you include the Net Pension Obligation (NPO) under GASB Standards in the notes
to yourfinancial statements.
19. Is there a resolution related to group life insurance?
This legislation does not require a resolution for group life insurance. However, if you do not
currently offer group life insurance, but want to begin to do so, a resolution would be required.
Employer Rates
20. Are the FY 2011-12 and FY 2012-13 VRS Board Certified Rates for school division non-professional
employees publicly available? Will you provide a link to the FY 2011-12 and 2012-13 VRS Board
Certified Rates on the Q& A document?
While these rates are not published, they were provided to you in the email sent on April 16, 2012.
If you did not receive this email or have further questions, please contact the VRS Employer
Representative team.
21. Please review the increases in the percentage of the employer contribution rates?
The minimum contribution rates are as follows:
Effective July 1, 2012, the employer rate is the higher of a) the contribution rate in effect for FY
2012, or b) 70% of the results of the June 30, 2011 actuarial valuation of assets and liabilities as
approved by the Virginia Retirement System Board of Trustees for the 2012-14 biennium, 80% of
the results of the June 30, 2013 actuarial valuation of assets and liabilities as approved by the
Virginia Retirement System Board of Trustees for the 2014-16 biennium, 90% of the results of the
June 30, 2015 actuarial valuation of assets and liabilities as approved by the Virginia Retirement
System Board of Trustees for the 2016-18 biennium, 100% of the results of the June 30, 2017
actuarial valuation of assets and liabilities as approved by the Virginia Retirement System Board of
Trustees for the 2018-20 biennium.
Localities may elect the actual (FY 2013) Board certified rates instead.
22. What is the potential "downside" to electing the alternate funding rate?
In most cases, selecting the alternate rate results in a lower contribution rate than the VRS FY 2013
Board certified rate. The FY 2013 VRS Board certified rate is the actuarially determined appropriate
rate to properly fund the benefits promised. If you are considering using the Alternate Rate, please
be aware that doing so will:
Q&A Contribution Rates Webinar 5/2/2012
• Reduce contributions to your employer account and the investment earnings they would have
generated, which will mean there will be fewer assets available for benefits.
Result in a lower funded ratio when the next Actuarial Valuation is performed and, thus, a higher
calculated contribution rate at that time.
• Require that you include the Net Pension Obligation (NPO) under GASB Standards in the notes to
your financial statements.
23. Are school boards also afforded the option to pay 70% of the 11.66% teacher rate for the coming
two-year period?
No; the 11.66% employer contribution rate has already been adjusted accordingly.
24. Is the employer contribution rate for the teachers going to be 11.66% for the 2013-14 year also?
Yes; the 11.66% contribution rate for school boards will remain the same.
25. Will the employer rate continue to go up each year?
The employer contribution rate is evaluated every year with biennial rate setting.
26. Will the rates for group life insurance and retiree health insurance credit be as quoted in the
December memo?
The group life insurance is 1.19%. The HIC in your rate letter in the December memo remains the
same.
Member Contributions
27. Is there still some discussion about member contributions increasing to 6%, and if so, when will
we have a final answer?
The current statute requires a member contribution of 5%. There were no changes to this statute
during the 2012 General Assembly session.
28. How much of the member contribution do our existing employees have to pay?
Existing employees must commence paying their 5% member contribution on July 1, 2012.
Employers have the option to require their employees to pay the full 5% or phase it in, as long as the
employee is paying the full 5% by July 1, 2016.
29. Will the employee contribution be calculated and sent to VRS with the same process as the
employer contribution (i.e. 1/12 of the annual salary x 5% at the end of the reported month)?
Yes.
Q&A Contribution Rates Webinar 5/2/2012
30. Will new hires after July 2012 need to be reported separately from Plan 2 employees?
N o.
31. Are nonprofessionals required to pay their employee contribution?
Yes; all VRS-covered employees in school divisions and political subdivisions must begin paying a
member contribution, beginning July 1, 2012, with an offsetting salary increase for members in
service on June 30, 2012.
32. For the teachers only group, do we have the option to phase in percentage for current teachers?
Yes; you may elect to phase in the 5% member contributions for teachers.
33. Has a decision been made regarding how to handle employees on 10 month contracts who will
not receive their pay increase until September, but are required to pay their 5% starting July?
Employees on 10 month contracts will pay the 5% contribution when creditable compensation is
reported to VRS.
34. How will this affect payroll reporting for members that are reported 12 times a fiscal year?
The creditable compensation increases by the amount of the phased in member contribution.
35. Is the member contribution portion withheld from paychecks and remitted by employer the same
as the employer contribution?
No; each employer has a unique employer contribution rate.
36. Will there be any paperwork required for employees to sign/submit in order to deduct the 5%
from their pay?
No; not for VRS purposes.
37. How does the offsetting pay increase work?
Employers are required to provide an offsetting pay increase for every percentage of the member
contribution that they are requiring the employee to pay. For example, if an employer chooses to
phase in the contributions and requires employees to pay 3% the first year, the employer is required
to pay the remaining 2% contributions and provide a 3% offsetting pay increase to employees.
Keep in mind that this is only for existing employees. Employers are not required to provide an
offsetting pay increase for any employees hired or re-hired after July 1, 2012.
38. If the employee pays the full 5% member contribution beginning in July, will the employer need to
offset the 5% each year?
If you give an offsetting pay raise immediately and go to the full 5%, the 5% member contribution
would already be fully offset.
Q&A Contribution Rates Webinar 5/2/2012
39. Is the offsetting salary increase part of an employee's base salary reported to VRS?
Yes; the offsetting salary increase is considered as part of an employee's base salary.
40. Does the pay increase have to be in the form of credible compensation or can it be a'supplement'
or'benefit' pay that is non-VRS eligible?
The offsetting pay increase must be an increase to the creditable compensation.
41. In the case of existing employees, as the contribution percent increases from 1 to 5 percent, is the
employer required to provide offsetting salary increases up to the entire 5 percent, or does the
employee pay for the contribution increases from 2 to 5 percent?
If you are phasing in the member contribution rate, an offsetting salary increase is required for each
increase in the member contribution.
42. Who would be considered a new employee and have to pay the full 5% contribution immediately?
A new employee is any employee who has been hired or re-hired on or after July 1, 2012. To clarify,
this means that any employee who is new on your payroll for July 2012 will be required to pay the
full 5% member contribution with no offsetting pay increase. This includes employees who have
been reported by you in the past and then return to your payroll after a break in service and
employees who come to you with previous VRS service in their record. In addition, teachers who
complete a contract with one school district and sign a contract with a new school district would be
required to pay the full 5% member contribution with the new school district with no offsetting pay
increase.
43. If a person is rehired and in Plan 1, will they pay the same rate (say 1%) that the current Plan 1
employees are paying?
All new hires will pay the full 5% member contribution, regardless of whether they are in Plan 1 or
Plan 2.
44. We have a new hire who was approved and accepted for a start date of August 2012 during a
March board meeting before legislation was finalized. Does this employee have to pay the 5%
contribution?
Yes; there is no provision in the law to exempt the new employee from the requirements.
45. Do you have to give an offsetting pay increase to new employees after July 1, 2012 who are
required to pay the fu115% member contribution?
While it is required for all new employees as of July 1, 2012, to pay the full 5% member contribution,
employers are not required by the legislation to provide an offsetting salary increase.
46. When phasing in the 5% member contributions, is the subsequent year % phase-in increase based
on the base year salary or prior year salary?
Q&A Contribution Rates Webinar 5/2/2012
The subsequent phase in rate would be a percentage of the creditable compensation reported for
July of the subsequent year.
47. Are new employees coming in July 1, 2013, required to pay full 5% contribution, or would they pay
whatever the phase in amount is at that time as determined by the school division?
All new or rehired employees who are added to the payroll after July 1, 2012, are required to pay
the full 5% contribution, even if existing employees are phasing in contributions.
48. If an employee is currently in a part time position (non-VRS covered position), is he required to
start paying the full 5% contribution if he is transferred to a full time position on or after July 1st?
Yes; if a member is not in service in a VRS-covered position on June 30, 2012, he or she would be
considered a new or rehired employee as ofJuly 1, 2012, and would be required to begin paying the
full 5% member contribution immediately. The employer would not be required to provide an
offsetting pay increase.
49. What if an employee is docked (or on LWOP) and doesn't have the salary to pay their 5% member
contribution?
You would not report the employee for retirement for that month, and he would not earn a month
of service. Upon returning to your payroll, the employee would be subject to the 5% contribution.
50. If part-time employees are not required to pay VRS contributions, do you recommend that these
part-time employees receive the same pay increase that VRS-eligible employees will receive?
While the legislation requires a salary increase to offset the increase in the member contributions
the employee will be paying, part time employees are not VRS members; therefore, this would be a
personnel decision unique to each employer.
51. If new employees are required to pay the 5% member contribution starting July 1, 2012, was it
taken into consideration that net pay for new hires will be less unless separate pay scales are
created for new employees with a higher base pay? Do you recommend this?
VRS' role is limited to administering the benefits in Title 51.1 of the Code of Virginia, which are
passed by the General Assembly. VRS is not in the position to make recommendations concerning
pay scales.
52. We are a brand new facility and most of our employees will be hired 7/1/12. Can we give them
the 5% raise to cover the member contribution so all of our officers will be in line with the ones
who came on 4/1/12?
The only required pay increases are for employees in service as ofJune 30, 2012; however, you may
choose to provide offsetting pay increases to new employees in order have parity at your facility.
The choice to provide new employees with pay increases is at the sole discretion of the employer.
Keep in mind that all new hires must pay the full 5% member contribution. See question 42.
Q&A Contribution Rates Webinar 5/2/2012
53. Could you explain how the member contribution will be taxed?
The new legislation requires that a member receive a 5% salary increase to offset the 5%
contribution. This salary increase will result in an increase to the member's gross wage.
Each month, the 5% is deducted from a member's paycheck. Medicare, Social Security and FICA
taxes are now based on the member's new gross wage. These deductions will increase because the
member's gross wage has increased. The 5% contribution is pre-tax, so the member will not pay
federal or state taxes on this amount. Because the contribution is pre-tax, the IRS doesn't require it
to be reported.
To help clarify, let's look at an example. A member who is currently receiving a salary of $40,000
gets an offsetting 5% salary increase. His new gross wage is $42,000. He will now pay Medicare,
Social Security and FICA taxes based on the $42,000. Then the 5% contribution is deducted. The
remaining amount becomes his taxable wages.
Note: 56497 language requires that the 5% member contribution must be made through salary
reduction according to the IRC 414(h).
The VRS member contributions paid by the employee on a pre-tax basis or paid by the employer for
the employee are covered under IRC Section 414(h)(2). This is the case for both Plan 1 and Plan 2
employees. On page 9 of the Instructions for forms W-2 and W-3 (2011), the IRS provides the
instructions for reporting items in Box 12. In the instructions for Box 12 is the following, ".... Do not
report in box 12 section 414(h)(2) contributions (relating to certain state or local government
plans). Instead, use box 14 for these items and any other information that you wish to give your
employee...." Most employers, including the state, do not report the member contributions on the
form W-2 since the reporting is not required by IRS.
54. Using an example where salary is $30,000: The increase would be $1500. When this is added to
the $30,000, the employee's salary is now $31,500. So when you take 5% of $31500, the
contribution is $1575. This means the employee is paying out of pocket an additional $75. Is this
correct?
Yes; this is correct.
55. Would new employees hired after July 1, 2012, have the option of opting out of the employer
sponsored VRS retirement plan?
No; VRS membership is a condition of employment
56. What if an employee retirement package has been sent off with an August 1st date with the
current salary (not the July ist increased salary); will this salary change delay the retiree receiving
their first retirement check?
You should notify VRS and amend the member's final creditable compensation.
Q&A Contribution Rates Webinar 5/2/2012
57. Once an employee retires, would that reduce the amount of taxable distributions?
No; since taxes are not being paid now, they would be taxable in the distribution.
58. If we are a locality where employees already pay the 5% member contribution, are there any
changes that have to be made?
No; there were 37 localities whose employees already pay the 5% member contribution. They were
notified in their resolution packet that they only had to choose between the Board certified FY 2013
employer contribution rate and the alternate rate.
59. This change is not helping to reduce the deficit, but rather we are shifting who is making the
payment. What is the justification for this change?
This change will align VRS with the majority of public retirement plans whose employees make
contributions.
60. What would be the advantage to phasing in the member contribution if the employer is going to
have to provide an offsetting pay increase?
The phase in schedule allows some flexibility to those whose budgets would be stressed to provide
the full 5% member contribution increase immediately.
61. What are the disadvantages of requiring employees to pay the full 5% member contributions
immediately?
Requiring employees to commence paying the full 5% would have an immediate effect on your
payroll, particularly with respect to the offsetting salary increases, as well as any increases in costs
for all salary-based benefits.
62. If an agency decides to phase in the member contribution rates, will the monthly reports need to
differentiate the full contribution rates for the employees hired on or after July 1, 2012?
No, VRS will programmatically recognize the new hires by the first reporting date.
63. What affect will this legislation have on current buy back contracts? Will that rate remain the
same?
The creditable compensation will increase with the offsetting pay increase, and this will affect the
cost for purchase of prior service. When the annual salary increases, the buy back amount will
increase based on the rate of eligibility for which the member is under contract.
64. Are you willing to conduct a survey to determine what school divisions plan to phase in the new
legislation and by how much and what divisions plan to implement the 5% requirement the first
year?
Q&A Contribution Rates Webinar 5/2/2012
VRS does not plan to conduct a survey regarding contribution rates. We will record the decision of
each locality after receiving resolutions from our employers.
Other Issues
65. Since VRS salaries are increasing, will optional life premiums increase on the common date or July
1, 2012?
Any optional life insurance premium updates will take place on the common date.
66. What is the impact on the VRS Modernization project with these changes?
VRS has considered legislation in the Modernization project plan. We are not anticipating any
significant impact at this time.
67. Will online reporting be ready for use in time for the August reporting of July payroll?
No, we are looking at an October conversion for VNAV.
*Please note - questions regarding additional legislative changes are not addressed in this Q&A. Please
visit the 2012 Legislative Summarv on the VRS website for more information on 2012 legislation.
Q&A Contribution Rates Webinar 5/2/2012
Employer Contribution Rates for Counties, Cities,
Towns, School Divisions and Other Political Subdivisions
(In accordance with the 2012 Appropriation Act Item 468(H))
Resolution
BE IT RESOLVED, that the City of Virginia Beach School Board, employer code 55534, does hereby
acknowledge that its contribution rates effective July 1, 2012 shall be based on the higher of a) the contribution rate
in effect for FY 2012, or b) seventy percent of the results of the June 30, 2011 actuarial valuation of assets and
liabilities as approved by the Virginia Retirement System Board of Trustees for the 2012-14 biennium (the
"Alternate Rate") provided that, at its option, the contribution rate may be based on the employer contribution rates
certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code § 51.1-145(I) resulting
from the June 30, 2011 actuarial value of assets and liabilities (the "Certified Rate"); and
BE IT ALSO RESOLVED, that the City of Virginia Beach School Board, employer code 55534, does
hereby certify to the Virginia Retirement System Board of Trustees that it elects to pay the following contribution
rate effective July 1, 2012:
(Check only one box)
X The Certified Rate of 9.11% ? The Alternate Rate of %; and
BE IT ALSO RESOLVED, that the City of Virginia Beach School Board, employer code 55534, does
hereby certify to the Virginia Retirement System Board of Trustees that it has reviewed and understands the
information provided by the Virginia Retirement System outlining the potential future fiscal implications of any
election made under the provisions of this resolution; and
NOW, THEREFORE, the officers of the City of Virginia Beach School Board, employer code 55534, are
hereby authorized and directed in the name of the City of Virginia Beach School Board to carry out the provisions
of this resolution, and said officers of the City of Virginia Beach School Board are authorized and directed to pay
over to the Treasurer of Virginia from time to tiine such sums as are due to be paid by the City of Virginia Beach
School Board for this puipose.
FINALLY RESOLVED: That a copy of this resolution be spread across the minutes of this Board.
Adopted by the School Board of the City of Virginia Beach this 5`" day of June 2012.
Daniel D. E wards, Chainnan
Attest:
d4.," ??.P/ _-4? -
Dianne Page Alexa der, Clerk of the Board
CERTIFICATE
I, Dianne Page Alexander, Clerk ofthe City of Virginia Beach School Board, certify that the foregoing is a
true and correct copy of a resolution passed at a lawfully organized meeting of the City of Virginia Beach
School Board held at Virginia Beach, Virginia at 6:15 PM on June 5, 2012. Given under my hand and seal of
the City of Virginia Beach School Board this 5I" day of June, 2012.
Clerk of the B ard
-32-
Item -VI-I.7
ORDINANCES/RESOL UTIONS ITEM #61940
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT Ordinance to DESIGNATE the Trust for Public Land as EXEMPT from local Real and
Personal Property Tax
Voting.• 11-0 (By Consent)
Council Members Tjoting Aye:
Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 12, 2012
1 AN ORDINANCE TO DESIGNATE THE TRUST FOR
2 PUBLIC LAND AS BEING EXEMPT FROM REAL AND
3 PERSONAL PROPERTY TAXATION
4
5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of
6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of
7 granting an exemption from local taxation for the Trust for Public Land.
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11
12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates the
13 Trust for Public Land as a charitable organization within the context of § 6(a)(6) of Article X
14 of the Constitution of Virginia.
15
16 2. That real and personal property owned by the Trust for Public Land located
17 within the City of Virginia Beach that is used exclusively for charitable purposes on a
18 nonprofit basis is hereby exempt from local property taxation.
19
20 3. This exemption is contingent on the following:
21
22 (a) the use of the property for exclusively charitable purposes;
23
24 (b) that each July 1 wherein the Trust for Public Land owns real or personal
25 property within the City, it shall file with the Commissioner of the Revenue a
26 copy of its most recent federal income tax return, or, if no such return is
27 required, it shall certify its continuing tax exempt status to the Commissioner
28 of the Revenue;
29
30 (c) that every three years, beginning on July 1, 2014, the Trust for Public Land
31 shall file an exemption application with the Commissioner of the Revenue as
32 a requirement for retention of the exempt status of the property; and
33
34 (d) that the Trust for Public Land cooperate fully with the Commissioner of the
35 Revenue with respect to audit of its financial records, compliance with the
36 terms of this ordinance.
37
38 4. That this ordinance is effective immediately.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
of June , 2012.
Requires an affirmative vote of three-fourths of the members of the City Council.
APPROVED AS TO CONTENT:
r
ommissione f the Revenue
CA 12282
R-1
May 15, 2012
APPROVED AS TO LEGAL
SUFFICIENCY:
J
ity ey s Office
OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION
ENTITY NAME: The Trust for Public Land
2610 University Ave Ste 300
St. Paul, MN 55114
Website: http://www.tpl.org/
SUMMARY OF NONPROFIT BUSINESS ACTIVITY:
The Trust for Public Land (TPL) is a national nonprofit 501(c) 3 organization that conserves land
for people to enjoy as parks, gardens, historic sites, rural lands, and other natural places. They
work from the inner city to the wilderness, ensuring livable communities for generations to
come.
TPL expects to acquire a 118 acre parcel in June 2012 from Redus VA Housing LLC a wholly
owned subsidiary of Wells Fargo, N.A.
The City of Virginia Beach is expected to acquire approximately 108 acres of the property in July
2012 from TPL.
Chesapeake Bay Foundation Inc (CBF) is expected to acquire the remaining 10 acre parcel no
later than March 29, 2013. CPF is a 501(c) 3 organization that is exempt from personal and real
property taxation pursuant to 58.1-3650.11. CPF will be granted full access and use of the
properiy for initial environmental education programming and testing during the transition period
by TPL.
TPL is requesting exemption from real property taxes until the property is transferred to the
Chesapeake Bay Foundation. The undeveloped property is comprised of approximately 10 acres
of shoreline between Crab Creek and Pleasure House Creek.
TAX IMPACT:
Waterfront property assessment rate is $240,000 per acre.
Non-waterfront property assessment rate is $130,000 per acre
Tax impact between $11,570 and $21,360 for ten (10) acre
Business Property: Assessment: None
Tax: None
Personal Property Assessment: None
Tax: None
Real Property Assessment: Unknown
Tax: Unlrnown
RELEVANT INFORMATION:
IRS Granted 501 (c) 3 status - February, 1978
Ori?i?rrl ProposQl
:?-?:-??•
.o d . -
City ?
C4un? c.?? .Poltc
y
Tide: Ciry Council Policy Regarding Applicarions for Tax Exemprion by ,
Designation
Date of Adapriorr. February 3, 2004 Dares of Revisions: May 6, 2008 Page 1 of 4
1.0 Pumose and h]eed
Pt3rpase: Ta establish critexia fox approval of resoIufions by City Councit ta exempt, by
designation, local nonprofit organiaations from real and personal property taxes.
Need: City Council has requested guidance as ta criteria for considering exemptions as w4ell as a
procedure for reviewing requesu for exemption from local praperty taxes. The Canunissioner of
the Revenue has offered revisiozls to Counai's policy adopted on February 2, 2004 in an effort
to streamiine tkze exernpuon review grocess for local nonprQfit organizations anc3 pravide
necessary analysis and oversight of the application process.
Legislative Background: The Virginia Consutution provicies that, after january I, 2003, Iocal
governments may, by designation, exempt the real and personaI property of nonprof?t
organizations fram local propeny 'taxes if used exclusiveiy far religiaus, charitable, gatriotic,
histaricai, benevaIent, caI.tural, or pubIic park and playground purposes. However, as provided_
in Virginia Code § 58:1-365I, the local goveming body mrnst adopt an ardinance ta exempt the
ProPenY•
2.0 Poticv
The City Council is not required ta designate any organiz--tion properiy apptying for exernption
from taxation, and every designation of an organization is conditioned uQon cornpHance with the
terms of this policy and any ordinance granting the exemprion. If an organization daes nat
catnoly with these requirements, the Ciry Councfl may revoke the tax exerngtian after providing
3iiu G:'I ?c:;:ts`al"?.:i M;i? L? E?w?V? a: :.C
beginning of the tax year during which che revocatzan occurs.
The appUcanc or a zepresentative of the apglicant shaIi provide the Cornmissioner of the Revenue
detailed inforrnation necessary to determine the benefits to the public that wzL result from
granting tax exemption. Tn considering applicarioris, the Commissionez of the Revenue shall
ernplay rhe following guzdelines: _
Tide: Ciry Council Policy Regarding Applicaaons for Tax Exemprion by
Designasion
Date of Adoption: February 3, 2004 T : of Revisions: May 6, 2008 Page 2 of 4
1. The organization must be exempt from federal income tax pursuant to Internal Revenue
Code § 50I(c).
2. Personal or real properry for which an exemption is sought cxnnot be used by any member
of the organization or other persans except for nan-profi-t purposes benef ting che non-prof t
organization applying for exempfian.
3. The organization rnust be in comgiiance with aI! City ordinances and regulaions Oncluding
' but not limited to buiiding, properry maintenance, and zoning codes) and aR applicable tax
obiigations.
4. The organization must provide a service to ihe residents of the City rhat results zn a benefrt to
the public (tangible or intangible).
The foIlowing requirements apply to each entity eXempted from locai properiy taxes by the City
Council:
1. Upon obtaining exemption, the organization must annuaily submit (by July I of each year)
its InternaI Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If
nat required to fiIe Form 990 or 990 EZ, then the organization znust annually certify an
forrri(s) prescr'sbed by the Commissioner of the Revenue its concinuing tax exempt status.
Lass of 50I (c) status must imrnediately be reported to rhe Commissioner of the Revenue and
Ciry Attorney, and is grounds for revacation of tax exempt status.
2. Pursuant to Virginia Code § 58.1-3605, each entsty exempted from Iocal property taxes shall,
every three years, fiIe an exemption agpiicarion with the Carnznissioner of the Revenue as a
requiresnenr for reternion of ihe exempt status af the properry. 'Me application form shall be
approved as to form by the City Attomey.
3. Each entity exempted from Iocai p:operty taxes must cooperate fully with the Commissioner
of the Revenue with respect to audit of iu f nancial records, compliance wzt4z the terms of this
pGli-ry, _ i;3F?ca ?l::-h ^:'i ?lia;;r2 grS=sr ? ?n
?i:c.:a :i:i`_?s__ ?:r viP_----_^ e?i_n.? eaX ?:i?ta_?ix
3.0 Procedure to Accomnlish Poiicv
l. Organizations applying for exemption must request a determination from the Commissioner
of the Revenue as to whether the organization is or may be tax-exempt by classification,
pursuant to Artide 2(§5$.I-3506 et seq.) of'Amcle 3(§58.I-3609 et seq.) of Title 58.1 of the
Virg:n;a Code. ?f she flr;3pizzation is not exempi,''ilL±m2er.? Ihe Cri_eri2 Of OrgzriZ2rons ihat
can be exempted by designation (see Virginia Code §58.1-3651), the organization will receive
Titie: Ciry Council Policy Regarding Applications for Tax Exemption by
Designarion
Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 3 of 4
an applicauon from the Commissioner af the Revenue. The apptication form sha2I request aII
anformation required by Virginia Code §58.1-3651 and be approved as tQ form by the Ciry
Attorney. '
2. Applicarions far esemption shall be considered quarterly. A.pplications for exempuon must
be subrnitted to the Cammissioner af the Revenue. Applicatians shall be submitted no iater
chan Octoher 1 of the year preceding the effective date of the exemption. Based an the
criteria set forth in seccion 2.0 af this poIicy, the Commissioner of the Revenue wiU review
each applicauon and make a report to City Council regarding whether an organization
qualifies for exemption under Iaw and Ciry poIic.y. The Commzssioner af the Revenue wiIi
not suhmit applicarions he deerns znconnplete to City Council far a determination.
3. The C,Qmznissioner of the Revenue sha11 forward copies of the applications along with h2s
wxitten findings to the City Attomey. The City Attomey shall prepare the necessary
ordinances for City Council and coordinate with the City Clerk to ensure that the appficauons .
are properly advertised and placed an the City Coundl's agenda for a public hearing and
formai considezatian.
4. The City Council wiIl conduct a public hearing and conszder tlze criteria set forth in V'srginia
Cade §58.I-365I, seuion 2.0 of this policy, anri the findings of the Commissioner of the.
Revenue. 5. Any exemprions granted shall be effective as of the next janu.ary 1. .
6. Exemprians, as weIl as any departure fram these guidelines, shall requice approval by three-
fourths (3/4) of the members of City Councii. "
4.0 ResRansibilitx and Authoritv
'R PCnnncThiletv fpr ingtigting appl,cation for erp???±gt?c?n and timeiy ??:'QV1C?Ill? 31?y iriformation or
agpIicafion required by rhe Commissioner of the Revenue sha11 rest with the arganizatifln seekitzg
exemption. Resporzszbility for making avaiiable in£ormation, applicarion for exerngtion, verifying
submitted tax infarmatian and regortuzg on the initial and continuzng status of the taxpayer shall
rest with the Commissianer of the Revenue.
Responsibility for preparing required ordinances, arranging for the advertising of pubIic heazings,
and placing items on the Ciry Cauncil's agenda for a vote on pzoposed exemprions sha11 rest with
the City Artorne;. Responsib?liry for the fmal deterrninarion of he pub!ic benefits resulting fram
tax exemption shall rest exchzsively wirh the City Council.
Title_ Ciry Ccuncil Policy Regarding Appiications for Tax Exemprion by
Design: ition
Date of Adopvon: February 3, 2004 Dof Revisions: May 6, 2(3(}8 Page 4 of 4
5.0 Definitions
PUBLIC BF;NEFIT- Any beneft or advantage expected to be reaIized by the public, whether
tangible or.intangzble, which may accompany the tax exemption.
LOCAL PROPERTY TAXES- Ad vaiorem taxes levied by the City of Virginia Beach an real
estate or tanf,?ihie persona€ properry.
6:0 S?ecific Requirements
In addi?on tc) the procedures and responsibilities set fozth in paragzaphs 3.0 and 4.0, respecdvely,
documentation farwarded to the City Council shat.[ include submission of an application form in
form and substance substantially as gresented in the attached Exhibit A, as well as any additional
inform,atian a:hat the applicant wishes to present w the Giry Council.
-33-
Item -VI-I.8
ORDINANCES/RESOL UTIONS ITEM #61941
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council ADOPTED, BY
CONSENT Resolution to AUTHORIZE water and sewer service to a Lessee or Tenant without wYitten
authorization of the property owner
Voting: 11-0 (By Consent)
Council Members Poting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 12, 2012
1 A RESOLUTION AUTHORIZING THE
2 DEPARTMENT OF PUBLIC UTILITIES TO PROVIDE
3 WATER AND SEWER SERVICE TO LESSEES AND
4 TENANTS OF PROPERTY WITHOUT WRITTEN
5 AUTHORIZATION FROM THE PROPERTY OWNER
6
7
8 WHEREAS, the 2012 General Assembly enacted legislation amending Virginia
9 Code Section 15.2-2119 so as to require localities to obtain a written authorization form
10 from a property owner in order to provide water and sewer services contracted for after
11 July 1, 2012 to a lessee ortenant; and
12
13 WHEREAS, such legislation allows localities to adopt a resolution establishing
14 that service may be provided to a lessee or tenant without first receiving an
15 authorization form from the property owner, and that if such a resolution is adopted, the
16 locality may not place liens for unpaid water and sewer charges on the property; and
17
18 WHEREAS, property liens have not been utilized by the Department of Public Utilities
19 as a means of collecting delinquent water and sewer bills because they are unnecessary and
20 not cost-effective; and
21
22 WHEREAS, the Department of Public Utilities has been very efficient in collecting
23 monies owed by means other than property liens, typically recovering 99.6% or more of billed
24 revenues; and
25
26 WHEREAS, the Department of Public Utilities estimates that processing written
27 authorizations from property owners to allow water and sewer service to be provided to tenants
28 and lessees of property would require one or two additional FTE's, would not be cost-effective,
29 and would constitute an inconvenience to both property powers and tenants;
30
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
32 VIRGINIA BEACH:
33
34 1. That the Department of Public Utilities is hereby authorized to provide water and
35 sewer service to lessees and tenants of property without obtaining an
36 authorization form from the property owner, in accordance with the provisions of
37 Virginia Code Sections 15.2-2119; and
38
39 2. That no liens may be placed on property for unpaid bills for water and
40 sewer service provided to a lessee or tenant of such property.
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 12th day of
June , 2012.
CA-12279
R-1
May 16, 2012
APPROVED AS TO CONTENT
im itlJ
i
Department of Public Utili ies
APPROVED AS TO LEGAL SUFFICIENCY:
jidifivy J Na#l'
City Attorney's Office
2
-34-
Item -VI-I.9a/b/c/d/e/f/g/h
ORDINANCES/RESOL UTIONS ITEM #61942
Upon motion by Vice Mayor Jones, secofzded by Councilman Dyer, City Council ADOPTED, BY
CONSENT Ordinance to AMEND the FY 2012-2013 School Board Budget request to $847, 516, 620 with
reductions in the following:
a. School Technology
b. Instruction
c. Administration, Attendance and Health
d. Transportation
e. Operations and Maintenance
f. City Manager's adjustment
g. School Grants fund
h. School Athletic Fund
Voting: 11-0 (By Consent)
Council Members Yoting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 12, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
AN ORDINANCE TO AMEND THE FY 2013 ANNUAL
APPROPRIATION ORDINANCE TO ALIGN FUNDING WITH
THE SCHOOL BOARD'S AMENDED BUDGET REQUEST
WHEREAS, the City Council adopted the FY 2013 Annual Appropriation
Ordinance on May 8, 2012 with a total amount appropriated to Schools of
$847,823,971; and
WHEREAS, the School Board adopted a resolution on May 15, 2012 (the
"Resolution") in order to reconcile its March 6th budget request and the City's Annual
Appropriation Ordinance; and
WHEREAS, the Resolution redistributes the personnel funding between the
Schools Operating Fund's Major Classifications and the Technology Fund, which results
in a decrease of $542,055 to the School Operating Fund (115) and an increase of
$542,055 to the School Technology Fund (106); and
WHEREAS, a decline in estimated revenue of $307,351 is comprised of
$176,908 in the School Grants Fund (116) and $130,443 in the School Athletic Fund
(119) as provided by the Resolution; and
WHEREAS, the amended School Board budget request total is $847,516,620.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the total appropriation for operations for FY 2013 is hereby reduced by
$307,351, with a corresponding reduction in estimated revenues as provided
herein.
2. That the Schools Funds and Major Classifications within the Operating Fund are
hereby amended as follows:
a. The Major Classifications of the Operating Fund and the Technology Fund
shall be adjusted as follows:
i. the School Technology Fund (106) is increased from $26,338,973
to $26,881,028;
ii. the Instruction Classification of the School Operating Fund (115) is
decreased from $522,820,730 to $519,982,919;
iii. the Administration, Attendance, and Health Classification of the
School Operating Fund (115) is decreased from $21,434,692 to
$21,325,235;
47 iv. the Transportation Classification of the School Operating Fund
48 (115) is decreased from $30,154,558 to $29,800,231;
49
50 v. the Operations and Maintenance Classification of the School
51 Operating Fund (115) is decreased from $87,242,879 to
52 $86,274,376;
53
54 vi. the City Manager Adjustment of -$3,728,043 is hereby eliminated;
55
56 3. The total appropriations to the School Grants Fund (116) are decreased from
57 $68,578,220 to $68,401,312 to reflect a decrease in estimated grant revenue;
58
59 4. The total appropriations to the School Athletic Fund (119) are decreased from
60 4,941,085 to $4,810,642 to reflect a decrease in estimated revenues.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
of June )2012.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
Manage en Services
APPROVED AS TO LEGAL SUFFICIENCY:
A .
?
- n s Office
CA12285
R-1
May 30, 2012
V'IRGINIA BEACH L7`fY PUBLIC SCHQOLS
n?s e R o o F r H e c u: R v e Danief D. Edwards, Chairman
School Baard of the Ciiy of Virginia Beach District 1- Cen#ervilEe
2512 George Mason Drive
P.O. Box 6038
Virginia Beach, VA 23456-0038
(757) 263-1018
www.vbschoals.com/schoolboard
James G. Merrill, Ed,D., Superintendent
William J. "BEfI" Brunke, N, Yce-Chairman
District 7 - Princess Anne
Todd C. Davidson, At Large
Brent N. Mckenzie, District 3- Rose Hall
Ashiey K. McLeod, At-Large
Samuel G. "Sam" Reid, Distric# 6- Beach
Patrick S. Salyer, District 2- Kempsvifle
Emma L. "Em" Davis, District 5- Lynnhaven D. Scott Seery, Atd.arge
Dorathy M. "Doitie" Noltr, At-Large Carolyn D. Weems, District 4- Bayside
Budget Resolution -- FY 2012113
WHEREAS, the mission of the Virginia Beach City Pubfic Schaols (VSCPS), in partnership with the entire community, is ta empower every
student to become a life-long leamer wha is a responsible, productive and engaged citizen within #he global community; and
WHEREAS, the Schoal Board of the City of Vrginia Beach has adopted a comprehensive sfrategic plan and schaal improvement priorities
to guide budgetary decisions; and
WHEREAS, the School Board has s#udied the recommended FY 2012113 Operating Budget in view of state and federal requirements,
additional demands for space and operations, tie strategic plan, priorities, expeetatians, competi6ve compensafion for employees and the
best educational inferests of its students; however, the prirnary drivers of the budget are the down economy and its impact of reduced
revenues at the state and local leveis as well as significant increases in VRS rates and the employee heaith care program; and
WIiEREAS, the City Couneil has adopted its 8udget Ordinance for FY 2012/93 to include appropriations for VBCPS; and
WHEREAS, the Schoof Board is grateful to the City Councii for the funding level provided to VBCPS for FY 2012113; and
Wk{EREAS, the budget recanciliation between the FY 2012113 School Board Proposed Operating Budget dated March 6, 2012 and the
City's funding far VBCPS in its Budget Ordinance for FY 2012113 adopted on May 8, 2012 will require the qfty Council to amend its FY
2012113 Budget Ordinance to reflect the revised budget numbers for the Schools; and
WHEREAS, the savings remaining in the School Reserve Special Revenue Fund is $11,000,400, which would have normaily been used
for major one-time purchases; and construction projects, Vuhich have been deferred in anticipation of these econbmic challenges; and have
been budgefed to use these funds in the FY 2012113 Operating Budget; and
WHEREAS, the School Board intends to use tlZese school-generated reserves and savings to offset reductions in both state and local
revenues; and
WHEREAS, the total funds appropriated FY 2012113 from the City of Virginia Beach to the School Board of the City of Virginia Beach is
$387,445,180, which includes $2,000,004 of the Sandbridge TIF; and
WHEREAS, the de6t service payment is $44,747,986, feaving a balance of $342,697, 994 to allocate between the Operating Budget and
the Capital Improvement Rrogram (CIP); and
WHEREAS, the Commonwealth naw requires schooi divis9ans to segregate all technology related budgeted expenditures. VBCPS has now
shawn these technology funds in a separate fund (106 Fund) and these funds fotaling $26,881,028 will be moved into the "other special
revenue funds" shown below and the funds avaiiable to allocate to the Operating Budget are $315;816,186.
NOW, 7HEREFORE, BE IT
RESOLVED: That the remaining Sandbridge TSF funds in the amount of $1,591,000 be alfocated to the Schools' CIP; and be it
FURTHER RESOI,VED: That the $315,816,966 be a{located as falfows: $315,816,166 to the Operating Budget, and $0 to the CIP; and be
it
FURTHER RES4LVED: That $11,000,000 of the School Reserve Special Revenue Fund be adtled to the Operating Budget, bringing the
total with these additions to $326,816,166; and be it
FURTHER RESOLVED: That Federal Fands in the amount of $17,141,485 along wifh State Funds in the amoant of $310,119,673 and
Other Local Funds in #he amaunt of $3,305,837 be added to the Operating 8udget bringing it to a total for FY 2032113 of $657,382,761; and
be it
FURTHER RESOLVED: That the School Board of the City o#Virginia Beach requests a Lump Sum Appropriation of $657,382;761 for FY
2012113 from the City Council of Virginia BeacFi for the School Board FY 2012113 Qperating Budget; and be it
Budget Resolution - FY 2012113
(continued)
FURTHER RESOLVED: That the School 8oard of the City of Virginia Beach requests an appropriafion of $145,385,873 for special grants
revenue funds camprised of Federal Grants in the amount of $49,930,082, State Grants in the amount of $18,471,230, and other special
revenue funds in the amount of $76,984,561 for the 2012I13 fiscal year and that the total of these #unds be included in the Lump Sum
Appropriation; and be it
FURTHER RESOLVEp: That the total of the Lump Sum Appropriation is $802,768,634; and be it
FEIRTHER RESOLVED: That for informational purpases only, the Categorical breakdown of the Lump Sum Total of $802,768,634 is as
follows:
• Instruction ....................................................$ 519,9$2,919
• Administratson, A#tendance and Heafth ...............21,325,235
• Transportation .....................................................29,800,231
• Operafions and Maintenancs ....................:.........86,274,376
• Technology Category ..........................................26,881,028
• Grants and Other Funds ....................................118,544,845
and be it
FURTHER RESOLNED: That the City Councii amend its Budget Ordinance for FY 2012113 to reflect the reconciled budgeted numbers
shown in this Resoiution; and be it
FlNALLY RESOLVED: 3hat a copy af this resoiution be spread across the official minutes af this Board, and the Clerk af the BoaN is
directed #o deliver a copy of this resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk.
Adapted by the Schooi Board of the City of Virginia Beach this 15th day of May 2092.
SEAL Daniel D. EAttesr
Dianne P. Alexander, Clerk of the Board
CERMfiEp TO 8E ? ?E
AND.COFIRECTCdPY
C1erk, Sct?OOi 9oe??d oi ine
r(ty nf tC+e?tr, ?' ?3Ch
-35-
Iteni -VI-I.IOa/b/c
ORDINANCES/RESOL UTIONS ITEM #61943
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT Ordinance to AMEND the FY 2012-2013 Budget of the Department of Housing and
Neighborhood Preservation re increases in appropriations:
a. $ 1,239 Federal HOME Program
b. $790,285 Housing Choice Program
c. $324, 867HCV Portability Program
Voting: 11-0 (By Consent)
CouncilMembers YotingAye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
June 12, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AN ORDINANCE TO AMEND THE FY 2012-13
OPERATING BUDGET OF THE DEPARTMENT OF
HOUSING AND NEIGHBORHOOD PRESERVATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the FY 2012-13 Operating Budget of the Department of Housing and
Neighborhood Preservation is amended by the amounts and for the purposes set forth
below:
1. Appropriations to the Federal HOME program are hereby increased
in the amount of $1,239, with estimated federal revenue increased accordingly, for the
purpose of rehabilitating homes of low and moderate income households.
2. Appropriations to the Housing Choice Voucher Program are
hereby increased in the amount of $790,295, with estimated federal revenue increased
accordingly, for the purpose of providing rental assistance payments.
3. Appropriations to the Housing Choice Voucher Portability Program
are hereby increased in the amount of $324,867, with estimated federal revenue
increased accordingly, for the purpose of providing rental assistance payments.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
of June , 2012.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
"'2i<
Manage ent Services
APPROVED AS TO LEGAL
SUFFICIENCY:
<-
?
r e s Office
CA12295
R-1
May 31, 2012
-36-
Itein -VI-I.lla/b
ORDINANCES/RESOL UTIONS ITEM #61944
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT:
Ordinance GRANTING two Franchise Agreements for Open Air Cafes in the Resort Area:
a. 910 Atlantic Avenue t/a Scrambled
b. 2224 Atlantic Avenue t/a Pier 23
Voting.• 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
MayoY William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay.
None
Council Members Absent:
None
June 12, 2012
1 AN ORDINANCE GRANTING TWO
2 FRANCHISE AGREEMENTS FOR OPEN AIR
3 CAFES IN THE RESORT AREA
4
5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized
6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended
7 from time to time, for the operation of open air cafes on public property; and
8
9 WHEREAS, the regulations originally prohibited sidewalk cafes on Atlantic
10 Avenue between 15th and 24th streets; and
11
12 WHEREAS, Council adopted a resolution on March 23, 2004 establishing a pilot
13 program to allow, on an experimental basis, open air cafes on Atlantic Avenue between
14 20th and 23`d Streets; and
15
16 WHEREAS, based upon the success of the pilot program, Council adopted an
17 ordinance on March 8, 2005 authorizing sidewalk cafes on Atlantic Avenue befinreen
18 15th and 24th Streets; and
19
20 WHEREAS, the City Council has traditionally granted initial franchises for one-
21 year terms; and
22
23 WHEREAS, if an open air cafe is successfully operated during the initial one-
24 year term, the franchisee may return to Council and request a five-year franchise
25 agreement; and
26
27 WHEREAS, Oshry Clabaugh, a sole proprietor, is seeking a one-year franchise
28 agreement for operation of an Atlantic Avenue sidewalk cafe; and
29
30 WHEREAS, AHATA, Inc., t/a Pier 23, has successfully operated an Atlantic
31 Avenue side street cafe pursuant to a five-year franchise agreement, and is seeking
32 renewal of their franchise agreement for an additional five year term; and
33
34 WHEREAS, the Strategic Growth Area Office recommends that the above-
35 named entities be granted open air cafe franchise agreements.
36
37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
38 VIRGINIA BEACH:
39
40 1. That the City Council hereby grants a one-year franchise agreement to
41 Oshry Clabaugh, a sole proprietor, for operation of an Atlantic Avenue sidewalk cafe.
42
43 2. That the City Council hereby grants a five-year franchise agreement to
44 AHATA, Inc., t/a Pier 23, for operation of an Atlantic Avenue side street cafe.
45 12th
46 Adopted by the City Council of Virginia Beach, Virginia on this day of
47 June , 2012.
Approved as to Content:
A,e,e
Strategic Growth Area Office
CA12290
R-2
May 29, 2012
Approved as to Legal Sufficiency:
P-?, "im ? ---
City Attorn 's Office
-37-
Itein -VI-1.12a
ORDINANCES/RESOLUTIONS ITEM #61945
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT Ordinances to ACCEPT, APPROPRIATE and TRANSFER:
a. $2, 750 donation fi°om Arthur and .Tanet Bartlett
re two (2) AEDs for Police vehicles
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 12, 2012
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO ACCEPT AND APPROPRIATE A
CITIZEN DONATION FOR THE PURCHASE OF TWO
AUTOMATED EXTERNAL DEFIBRILLATORS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That a donation of $2,750 is hereby accepted from Arthur and Janet Bartlett,
residents of Virginia Beach, and appropriated, with estimated revenues increased
accordingly, to the FY 2011-12 Operating Budget of the Department of Police to purchase
two automated external defibrillators for police vehicles.
Adopted by the Council of the City of Virginia Beach, Virginia on the 12 t h day
of June , 2012.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
,
?
anage ent ervices Cit o 's Office
CA12286
R-1
May 30, 2012
-38-
Item -VI-I.12b
ORDINANCES/RESOL UTIONS ITEM #61946
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT Ordinances to ACCEPT, APPROPRIATE and TRANSFER:
b. $490, 000 from the Reserve for Contingencies within the
Telecommunications Internal Service Fund
re centralized bill payments
Voting: 9-2 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley,
Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E.
Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay.
William R. "Bill " DeSteph and John D. Moss
Council Members Absent:
None
June 12, 2012
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
AN ORDINANCE TO TRANSFER $490,000 FROM
THE RESERVE FOR CONTINGENCIES WITHIN THE
TELECOMUNICATIONS INTERNAL SERVICE FUND
TO ALLOW THE CENTRALIZATION OF BILL
PAYMENTS
WHEREAS, a transfer of funds is required to allow all telecommunications
charges to be centralized in the Telecommunications Internal Service Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That $490,000 is hereby transferred from the Reserve for Contingencies within
the Telecommunications Internal Service Fund to the Telecommunications Internal
Service Fund to allow the centralized bill payment.
Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day
of June , 2012.
Approved as to Content:
anag e Services ?-
Approved as to Legal Sufficiency:
? ity, rney's Office
CA12294
R-1
May 30, 2012
-39-
Itein - VI-J
PLANNING
1. COASTAL ENTERPRISES, LLC
ITEM #61947
2. THALIA AUTOMOTIVE SERVICES, LLC/
GEORGE P. CHRISTODA ULIES
3. KROGER LIMITED PARTNERSHIP U
SUPER HOLLAND ASSOCIATES, LLP
4. WHEEL AND RIM REPAIR, INC
5. CALVARY CHAPEL
6. MICHAEL H. NORMENT/JOAN DALIS
7. RICHARD DOUMMAR/BALBOA, LLC
8. KROLL ENTERPRISES, INC./N&K
PROPERTIES, LLC AND B& W PROPERTY
DEVELOPMENT, LLC
9. CITY OF VIRGINIA BEACH
FLOODPLAIN VARIANCE
CONDITIONAL iISE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
MODIFICATION
CONDITIONAL IISE PERMIT
CONDITIONAL USE PERMIT
CHANGE OF ZONING
AMEND CZO
June 12, 2012
-40-
Itein -VI-J
PLANNING
ITEM #61948
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council APPROVED IN ONE
MOTION, BY CONSENT, Items 1, 2(DEFERRED TO JULY 10, 2012), 3, 4, S, 6, 7 and 9 of the
PLANNING BY CONSENT AGENDA.
Councilman Moss will vote verbal NAY on Item #9
Voting: I1-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R.
Dyer, Barbara M. Henley,
Mayor William D. Sessoms,
James L. Wood
"Bill " DeSteph, Harry E. Diezel, Robert M.
7ice Mayor Louis R. Jones, John D. Moss,
Jr., John E. Uhrin, Rosemary Wilson and
Council Members Poting Nay:
None
Council Members Absent.•
None
June 12, 2012
-41-
Item -VI-J.l
PLANNING
ITEM #61949
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT Application of COASTAL ENTERPRISES, LLC for a
Floodplain Variance re a storage building at 601 Sandbridge Road DISTRICT 7- PRINCESSANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of COASTAL ENTERPRISES,
LLC for a Floodplain Variance re a storage building at 601
Sandbridge Road (GPIN 2424704064) DISTRICT 7 -
PRINCESSANNE
Thc following conditions shall be required:
The site shall be developed substantially in accordance with the submitted
Exhibit Plan, entitled "Siebert Realry Sandbridge Road ", dated January 2012,
and prepared by PHRA Engineers, Surveyors, Planners and Landscape
Architects. Said Plan has been exhibited to the Virginia Beach City Council and
is on file in the Planning Department.
2. The proposed building shall conform in design to the existing buildings on the
site. The applicant shall submit elevations of the building to the Current
Planning office during detailed Site Plan review.
3. The applicant shall obtain a Certificate of Occupancy from the Permits and
Inspections division of the Planning Department before use of the building.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth Second day of June,
Two Thousand Twelve
June 12, 2012
-42-
Item -VI-J.I
PLANNING
ITEM #61949(Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 12, 2012
-43-
Item -VI-J.2
PLANNING
ITEM #61950
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED TO JULY
10, 2012, BY CONSENT, Application of THALIA AUTOMOTIVE SERVICES, LLC/GEORGE P.
CHRISTODAULIES, for a Conditional Use Permit Modification to ADD automotive repair at 4300
Virginia Beach Boulevard (Approved by City Council on January 25, 1994) DISTRICT S- LYNNHAVEN
Voting: I1-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M.
Mayor William D.
James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
Henley, Vice Mayor Louis R. Jones, John D. Moss,
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
June 12, 2012
-44-
Itenz -VI-J.3
PLANNING
ITEM #61951
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of KROGER LIMITED PARTNERSHIP
I/SUPER HOLLAND ASSOCIATES, LLP, for a Conditional Use Permit re an automobile service (fuel
sales) at 3901 Holland Road DISTRICT 3- ROSE HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of KROGER LIMITED PARTNERSHIP
USUPER HOLLAND ASSOCIATES, LLP, for a Conditional Use
Permit re an automobile service (fuel sales) at 3901 Holland Road
(GPIN 148624189 7, 1486248827) DISTRICT 3- ROSE HALL
The following conditions shall be required:
The site shall be developed substantially in accordance with the submitted
"Conditional Use Site Plan ", dated 2128112, and prepared by RLR Robertson Loia
Roof Architects and Engineers. Signage depicted on the Site Plan is not approved.
A separate Sign Package shall be submitted to the Planning Department / Current
Planning and Zoning Administration for review and approval. Said Plan has been
exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
2. The proposed canopy, fuel pumps and kiosk shall be constructed in substantial
accordance with the submitted elevation "Kroger Fuel R-540 Holland Windsor
dated February 28, 2012. Signage depicted on the elevations is not approved. A
separate Sign Package shall be submitted to the Planning Department / Current
Planning and Zoning Administration for review and approval. Said Plan has
been exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
3. The applicant shall provide a Photometric Plan for review and approval by City
staff. Canopy lighting shall be recessed and lighting levels shall be a maintained
at an average of 30 foot candles (fc). All lighting on the site should be consistent
with those standards recommended by the Illumination Engineering Society.
4. Signage for the proposed use shall be limited to that which is allowed by the City
Zoning Ordinance. StYiping on the canopy shall be limited to ten (10) feet on
each side of the canopy or one-quarter (114) of the length of each side. Sigriage
on the canopy shall not be externally illuminated. There shall be no other signs,
neon signs or neon accents installed on any wall area of the building, on the
windows and/or doors, on the canopy or the canopy columns or light poles.
5. There shall be no pennants, banners, streamers, strings of lights, portable signs,
electronic display signs or `flag" sryle signs on the site.
6 There shall be no outdoor vending machines, ice boxes or the display of
merchandise anywhere within the facility aYea.
June 12, 2012
-45-
Itenz -VI-J.3
PLANNING
ITEM #61951(Continued)
7. The applicant shall provide a hazard mitigation kit on the site for fuel spills and
an accessible telephone or notification system for emergency contact of the
responsible party for the site.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of June, Two
Thousand Twelve
Voting: I1-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 12, 2012
-46-
Itesn -VI-J.4
PLANNING
ITEM #61952
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of WHEEL AND RIM REPAIR, INC. for
a Conditional Use Perinit re automobile repair at 3428 Chandler Creek Road DISTRICT 3- ROSE
HALL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of WHEEL AND RIM REPAIR, INC. for a
Conditional Use Permit re automobile repair at 3428 Chandler CYeek
Road (GPIN 1485949212) DISTRICT 3- ROSE HALL
The following conditions shall be required:
1. All motor vehicle repairs shall take place inside the building.
2. All painting shall be done indoors with the exterior doors closed.
3. There shall be no outside display or storage of equipment, parts or materials.
4. There shall be no outside storage of vehicles in a state of obvious disrepair. If
vehicles in this condition require stoYage, then such vehicles shall be stored within
the building.
5. There shall be no storage containers outside the building, including parking spaces.
6. All outdoor lighting shall be shielded to direct light and glare onto the premises. All
lighting shall be deflected, shaded and focused away from adjoining property.
7. A Certificate of Occupancy shall be obtained from the Building Official for the
appropriate Use Group.
This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of June, Two
Thousand Twelve
June 12, 2012
-47-
Item -VI-J.4
PLANNING
ITEM #6I952(Continued)
Voting.• 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay.
None
Council Members Absent.•
None
June 12, 2012
-48-
Item -VI-J. S
PLANNING
ITEM #61953
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED, BY CONSENT, Application of CALVARY CHAPEL foY a Conditional
Use Permit Modification re a church at 5230 Indian River Road (Approved by City Council on April 10,
2007) DISTRICT 2 - KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of CALVARY CHAPEL for a Conditional
Use Permit Modification re a church at 5230 Indian River Road
(Approved by City Council on April 10, 2007) (GPIN 14654728240006)
DISTRICT 2 - KEMPSVILLE
The following conditions shall be required.
1. The applicant shall obtain all necessary permits and a Certificate of Occupancy as
deemed necessary by the Building Official's Office for all uses and buildings under
the church's purview.
2. The total occupancy load for each building shall be established by the Building
Official's Office and the Fire Marshall; however, due to the parking limitations,
there shall neveY be more than 140 people within the sanctuary.
3. Parking for church use and activities shall be permitted anywhere on the site where
written permission is obtained to utilize these spaces.
4. All signs on the site shall be in conformance with the Zoning OYdinance. Roof
mounted signs are prohibited.
5. Category IV screening adjacent to the residential neighborhood to the north shall be
installed and maintained in conformance with the Zoning Ordinance
This Ordinance shall be effective in accordance with Section 107(/) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of June, Two
Thousand Twelve
June 12, 2012
-49-
Iten: -VI-J.5
PLANNING
ITEM #61953(Continued)
Voting: 11-0 (By Consent)
Council Members Yoting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. UhYin, Rosemary Wilson and
James L. Wood
Council Members Poting Nay:
None
Council Members Absent.•
None
June 12, 2012
-50-
Item -VI-J.6
PLANNING
ITEM #61954
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council
APPROVED/CONDITIONED BY CONSENT, Application of MICHAEL H. NORMENT/JOAN
DALIS for a Conditional Use Permit re a commercial parking lot at 3233 Pacific Avenue DISTRICT 6-
BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of the MICHAEL H. NORMENT/JOAN DALIS
for a Conditional Use Permit re a commercial parking lot at 3233 Pacific
Avenue (GPIN 2428023726) DISTRICT 6- BEACH
The following conditions shall be required:
The applicant shall comply with the requirements of City Code for commercial
parking lots. These requirements are found in Chapter 23, Section 23-58.
2. The submitted Site and Landscape Plans shall be modified as follows:
a. Four handicap accessible parking spaces are required. One of those spaces shall
be van accessible
b. Nine trash receptacles shall be required
c. The site shall be secured at all points of ingress and egress by a gate, consisting
of materials, such as black vinyl-coated chain link, white vinyl picket or black
wrought iron (generally recognized within the industry as maintenance free),
except during hours of operation. The gate(s) must be located a minimum of
thirry (30) feet from the property line to eliminate any stackzng problems on the
adjacent right-of-ways
d. One additional tree is required in the parking lot
e. Bumper parking blocks shall be installed along the southern property line to
prevent the front or rear of vehicles from extending over the property line. The
parking blocks shall be a minimum of two and one-half (2.5) feet from the
property line
f. Addition of stormwater managefnent facilities as required.
3. The proposed entrances shall be required to meet City of Virginia Beach Public
Works standards for commercial entrances as detailed in the Public Works
Standards, Section 3.10.3. These requirements include a thirty (30) foot width (for
two-way access points) or an eighteen (18) foot to twenty-two (22) foot width (for
one-way access), measured at the properry line, as well as fifteen (I S) foot radii at
the entrance.
4. All parking for employees shall be met on site. Parking spaces for employees shall be
designated with a sign or painted on the space.
5. The applicant shall obtain a Certificate of Occupancy for the use from the Permits
and Inspections Division of the Planning Department before the business license is
issued.
June 12, 2012
-51-
Item -VI-J.6
PLANNING
ITEM #61954(Continued)
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of June, Two
Thousand Twelve.
Tjoting.• 11-0 (By Consent)
CouncilMembers VotingAye:
Glenn R. Davis, William R"Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 12, 2012
-52-
Item -VI-J.7
PLANNING
ITEM #61955
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, Ciry Council
APPROVED/CONDITIONED/AMENDED, BY CONSENT, Application of RICHARD
DOUMMAR/BALBOA, L.L.C. for a Conditional Use Permit re a commercial parking lot at 29th Street
and Pacific Avenue DISTRICT 6- BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of the RICHARD DOUMMAR/BALBOA, L.L.C.
for a Conditional Use Permit re a commercial parking lot at 29th Street and
Pacific Avenue (GPIN 2428013473; 2428013489; 2428013567) DISTRICT 6-
BEACH
The following conditions shall be required:
The applicant shall submit a Site Development Plan to the Planning Department /
Development Services Center for review and approval. Said Plan shall be in
accordance with Article 15, Section 1501 (a) of the City Zoning Ordinance:
Temporary commercial parking lots, provided that adjacent to any public right-of-
way perimeteY landscaping meeting the requirements of the Section SA of the Site
Plan OYdinance and the Public Works Specifications and Standards Manual shall be
installed, and temporary surface treatment in accordance with the standards for
temporary parking lots in the Public Works Specifications and Standards Manual
shall be allowed
2. The applicant shall submit a Sign Package to the Planning Department / Current
Planning and Zoning Administration.
3. The proposed entrance and exit will be required to meet City of Virginia Beach
Public Works standards for commercial entrances as detailed in the Public Works
Standards, Section 3.10.3. These requirements include a thirty foot (30) width (for
two-way access points) or an eighteen (18) - to twenty-two (22) foot width (for one-
way access), measured at the property line, and fifteen (1 S) foot radii at the
entrance. The entrance%xit shall be right in / right out only. The parking lot may
operate for one season only using the existing curb cuts in order to avoid working in
a public right-of-way during the height of the tourist season.
4. The applicant shall obtain all necessary permits and inspections and a Certificate of
Occupancy for the use from the Planning Department / Permits and Inspections
Division before the business license is issued.
5. All parking for employees shall be met on the site. Parking spaces for employees
shall be designated with a sign or painted on the space.
6 The use is approved for three (3) years fYOm the date of City Council approval.
June 12, 2012
-53-
Item -VI-J.7
PLANNING ITEM #61955(Continued)
This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of June, Two
Thousand Twelve.
Voting: 11-0 (By Consent)
Council Members Voting Aye.
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 12, 2012
-54-
Itena -VI-J.8
PLANNING ITEM #61956
The following individuals registered to speak.•
Edward Bourdon, Attorney for the Applicant, expressed his gratitude for all of the work and participation
of the neighbors and Lago Mar Civic League. Mr. Bourdon advised the Staff has spent a large amount of
time on this project and with the help of Mayor Sessoms and Council Lady Henley, incYeased the amount
of open space, added a BMP and increased the lot sizes to neighbors on Cordova Court.
Bobby Pannenbacker, 1141 Cordova Court, Phone: 721-2990, spoke in OPPOSITION stating he is not
opposed to development in the Princess Anne District. Mr. Pannenbacker stated the Developer is
building on marsh and wetlands and those are the reasons for the concessions from the Developer.
Bob Berg, 1148 CoYdova Court, Phone: 636-0981, spoke in OPPOSITIONstating he does not oppose this
de>>elopment in principle and agreed that everyone has been working very hard over the past year on this
project. Mr. Berg stated that the residents in the Pungo Corridor of the City do not want to live among
the congestion and do not want their area to turn into the next Hilltop.
Helen Harper, 1021 Ranchero Road, Phone: 721-5627, spoke in OPPOSITION and thanked MayoY
Sessoms and Council Lady Henley for all of the time spent on this project. Ms. Harper stated the
development is located on Scopus Marsh in the Flood Area and requested that the Planning Department
ensure that all agreements are kept.
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council
APPROVED/PROFFERED, Application of KROLL ENTERPRISES, INC. / N& K PROPERTIES,
LLC AND B& W PROPERTY DEVELOPMENT, LLC for a Change of Zoning District Classification,
from AG-2 Agricultural District, AG-1 Agricultural District, R-1 S Residential District, and B-1
Neighborhood Business District to Conditional R-7.5 Residential District at Nimmo Parkway and
Camino Real Street DISTRICT 7- PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of the KROLL ENTERPRISES, INC. / N& K
PROPERTIES, LLC AND B& W PROPERTY DEVELOPMENT, LLC for a
Change of Zoning District Classification, from AG-2 Agricultural DistYict, AG-1
Agricultural District, R-1 S Residential District, and B-1 Neighborhood
Business District to Conditional R-7.5 Residential District at Nimmo Parkway
and Camino Real Street (GPINs 2414647136; 2414748969; 2414756I05;
2414748142) DISTRICT 7- PRINCESS ANNE
An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day ofJune, Two
Thousand Twelve.
June 12, 2012
Item -VI-J.8
PLANNING
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis,
Dyer, Barbara
Mayor William
James L. Wood
Courzcil Members T?oting Nay.•
None
Cou?zcil Members Absent:
None
-55-
ITEM #61956(Continued)
William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
June 12, 2012
-56-
Item -VI-J.9
PLANNING
ITEM #61957
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED, BY
CONSENT, Application of CITY OF VIRGINIA BEACH to AMEND Section 1110 of the City Zoning
Ordinance (CZO) to allow certain uses as "conditional " in the PD-HI Planned Unit Development
District.
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of the CITY OF VIRGINIA BEACH to AMEND
Section 1110 of the City Zoning Ordinance (CZO) to allow certain uses as
"conditional " in the PD-HI Planned Unit Development District.
Adopted by the Ciry Council of the City of Virginia Beach, Virginia, on the Twelfth day ofJune, Two
Thousand Twelve.
Yoting: 10-1 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D.
Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Yoting Nay:
John D. Moss
Council Members Absent.•
None
June 12, 2012
1 AN ORDINANCE TO AMEND SECTION 1110
2 OF THE CITY ZONING ORDINANCE TO
3 ALLOW CERTAIN USES AS CONDITIONAL
4 USES IN THE PD-H1 PLANNED UNIT
5 DEVELOPMENT DISTRICT
6
7 Section Amended: City Zoning Ordinance
8 Section 1110
9
10 WHEREAS, the public necessity, convenience, general welfare and good zoning
11 practice so require;
12
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15
16 That Section 1110 of the City Zoning Ordinance is hereby amended and
17 reordained to read as follows:
18
19 A. PD-H1 PLANNED UNIT DEVELOPMENT DISTRICT
20 .
21 Sec. 1110. - Land use regulation.
22
23 (a) The land use plan approved by city council, or as modified, for each planned
24 unit development project shall govern the development, and all land uses shall be in
25 accordance with it.
26
27 (b) Modifications to the land use plan by city council shall be in the manner of a
28 zoning change or bv conditional use permit for uses desiqnated in subsection (d)..
29
30 (c) Within a PD-H1 District, all of the principal uses and structures permitted
31 within an A-12 Apartment District other than hospitals and sanitariums, together with the
32 following enumerated uses and structures, shall be permitted:
33
34 (1) Fraternity and sorority houses, student dormitories and student
35 centers;
36
37 (2) Housing for seniors and disabled persons, with a conditional use
38 permit;
39
40 (3) Marinas;
41
42 (4) Private clubs or social centers provided that clubs where conduct of
43 commercial affairs is a principai activity shall not be permitted.
44
45 (d) Within a PD-H1 District the followinq uses shall be allowed as conditional
46 uses:
47
48 (1) Communication towers;
49
50 (2) Family care homes;
51
52 (3) Group homes;
53
54 (4) Kennels, residential;
55
56 (5) Reliqious uses;
57
58 (6) Residential care for seniors provided that no more than one (1)
59 employee other than a bona fide resident of the dwellinq shall be
60 permitted; and
61
62 (7) Wind enerqv conversion svstems free standinq and roof-mounted.
63
64 {d} e , Other uses may be permitted if specifically approved as part of the plan,
65 provided that the areas and structures occupied shall be so located and designed as to
66 protect the character of the surrounding property and shall not, in combination, occupy
67 more than five (5) percent of the land area of the district, and provided further that
68 convenience establishments and shopping centers shall be subject to additional
69 requirements as herein specified:
70
71 ....
72
73 {e? (fl Special restrictions in Accident Potential Zone 1(APZ-9). No use or
74 structure shall be permitted on any property located within Accident Potential Zone 1
75 (APZ-1) unless such use is designated as compatible in APZ-1 in Table 2("Air
76 Installations Compatible Use Zones Land Use Compatibility in Accident Potential
77 Zones") of section 1804; provided, however, that any use or structure not designated as
78 compatible shall be permitted as a replacement of the same use or structure the
79 replacement use or structure is of equal or lesser density or intensity than the original
80 use or structure.
81
82
2
83
84
85
86
87
88
89
90
COMMENT
The amendments to subsection (d) allow the listed uses as conditional uses in the PD-H1
District. The designated uses may be allowed by conditional use permit without an amendment to
the land use plan, thereby simplifying the application process while maintaining adequate control
over the uses in a PD-H1 District
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
of June , 2012.
APPROVED AS TO CONTENT
AthA
Planni g partment
CA-12212
R-3
April 9, 2012
APPROVED AS TO LEGAL SUFFICIENCY:
? City Attorney's Office
3
-57-
ITEM VI-K
APPOINTMENTS ITEM #61958
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ARTS AND HUMANITIES COMMISSION
BEACHES AND WATERWAYS COMMISSION
BOARD OF BUILDING CODE APPEALS
COMMUNITY SER VICES BOARD
HUMAN RIGHS COMMISSION
PARKS and RECREATION COMMISSION
SOUTHEASTERNTIDEWATER OPPORTUNITYPROJECT
TOWING ADVISORY BOARD
TIDEWATER TRANSPOR TA TION DISTRICT COMMISSION
June 12, 2012
-58-
Item -VI-K
APPOINTMENTS ITEM #61959
Upon NOMINATION by Vice Mayor Jones, Ciry Council REAPPOINTED:
William Aart, Jr.
3 Year Term 0710112012 - 06/30/2015
BIKEWAYS and TRAILS ADVISORY COMMITTEE
and APPOINTED:
Arcgela "Angie" Hatlaaway
3 Year Term 0710112012 - 0613012015
BIKEWAYS and TRAILS ADVISORY COMMITTEE
Voting.• 11-0 (By Consent)
Council Members Yoting Aye:
Glenn R. Davis, William R`Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
' None
June 12, 2012
-59-
Itein -VI-K
APPOINTMENTS ITEM #61960
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Guy Tower
Unexpired Term thru 0813112014
PUBLIC LIBRARY BOARD
Voting: 11-0 (By Consent)
Council Members Yoting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent.•
None
June 12, 2012
-60-
Itein -VI-K
APPOINTMENTS ITEM #61961
Upon NOMINATION by Vice Mayor Jones, Ciry Council APPOINTED:
Kenneth Longo
Unexpired Term thru 1211312015
VIRGINIA BEACH COMMUNITYDEVELOPMENT CORPORATIDN
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M.
Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John D. Moss,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 12, 2012
-61-
Itenz -VI-N
ADJOURNMENT ITEM #61962
Mtryor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:31 P.M.
Am 4niy-Barnes, CMC
Deputy City Clerk
? th Hodges Fraser, MMC
City Clerk
Ciry of Virginia Beach
Virginia
William D. Sessoms, Jr.
Mayor
June 12, 2012
-62-
PiIBLIC DIALOGUE
Eileen Levandoski, 1205 Whitestone Way, Phone: 277-8537, Sierra Club's Conservation Manager,
expressed gratitude to the City Council for passing the Resolution to Oppose Uranium Mining in the
Commonwealth of Virginia. Ms. Levandoski applauds City Council for "protecting" the Ciry.
Vincent O'Brien, 6111 Atlantic Avenue, Phone: 435-8101 07 Castilian Drive, was "is speaking out about
unlicensed contractors conducting business in the City of Virginia Beach and is asking for the City's
assistance in setting up a hotline for citizens to call in and report unlicensed contractors. "
Christine Ross, 749 Whistling Swan Drive, Phone: 905-1835 requested the Ciry buy out the abortion mill
contracts and close them down.
Tracy Okray, 840 Crepe Myrtle Court, Phone: 513-7825, spoke to promote backyard chickens. Ms.
Okray would like the City to amend its current Ordinance banning backyard chickens. She stated it will
support sustainabiliry to each citizen.
June Rowe, 608 Ocean Lakes Drive, Phone: 268-2630, expressed her gratitude to the Ciry Council for
passing the Resolution to Oppose Uranium Mining in the Commonwealth of Virginia.
The Public Dialogue re Non Agenda Items concluded at 6:46 P.M.
June 12, 2012
-61-
Item -VI-N
ADJOURNMENT ITEM #61962
Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 6:31 P.M.
i IAJLW,,??,
Amanda Fin y-Barnes, CMC
Deputy City Clerk
th Hodges Fraser, MMC
City Clerk
City of Virginia Beach
Virginia
illiam D. Se oms, Jr.
Mayor
June 12, 2012